The following excerpt is from Shabazz v. U.S., 935 F.2d 275 (9th Cir. 1991):
A challenge to the legality of a sentence is properly brought under 28 U.S.C. Sec. 2255. United States v. Giddings, 740 F.2d 770, 772 (9th Cir.1984). A challenge to the manner of execution of a sentence is properly brought under 28 U.S.C. Sec. 2241. Id. Because Shabazz challenges the manner of execution of his sentence rather than the legality of his sentence, the district court erred in construing the petition as a section 2255 motion. Nevertheless, any error is harmless because the district court did not err in its consideration of the merits.
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