Can a conviction under Section 2244(b) of the Criminal Code be challenged under the Criminal Prosecutions Act?
MultiRegion, United States of America
The following excerpt is from LANDRIGAN v. BREWER, 625 F.3d 1132 (9th Cir. 2010):
5The state suggests that only a conviction may be challenged under 2244(b), as the statute pertains to the underlying offense. However, we have treated a claim that a petitioner is ineligible for the death penal as covered. See Thompson v. Calderon, 151 F.3d 918, 923-24 (9th Cir.1998) (en banc). Regardless, the outcome in this case is the same, given our conclusion that no adequate showing of a constitutional violation has been made.
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