The following excerpt is from Wooten v. Kernan, Case No.: 17-CV-94-AJB-WVG (S.D. Cal. 2017):
A district court may properly construe a petition for writ of habeas corpus filed pursuant to 28 U.S.C. Section 2254 as one filed pursuant to 28 U.S.C. Section 2255 when a petitioner challenges a federal sentence that was enhanced by a state court conviction and the petitioner is presently in federal custody. See Allen v. State of Or., 153 F.3d 1046 (9th Cir. 1998). Similar to 2254, subject matter jurisdiction for 2255 claims requires a
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petitioner be "in custody under sentence of" a federal court. 28 U.S.C. 2255(a). However, when "a prior conviction used to enhance a federal sentence is no longer open to direct or collateral attack in its own right because the defendant failed to pursue those remedies while they were available (or because the defendant did so unsuccessfully), then that defendant is without recourse. [...] [T]he defendant may not collaterally attack his prior conviction through a motion under 2255." Daniels v. United States, 532 U.S. 374, 382, 121 S.Ct. 1578, 149 L.Ed.2d 590 (2001).
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