Haugh v. Booker

Kevin Haugh pled guilty in federal district court in Massachusetts to one count of conspiracy to commit murder in violation of 18 U.S.C. § 1959(a)(5), and one count of using and carrying a firearm, or aiding and abetting the use and carrying of a firearm, in violation of 18 U.S.C. § 924(c) and § 2. He is presently confined in Leavenworth, Kansas. He filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the federal district court in Kansas challenging his firearms conviction on the basis of the Supreme Courts decision in Bailey v. United States, 516 U.S. 137 (1995). The district court ruled that Mr. Haugh could not proceed under section 2241 because 28 U.S.C. § 2255 was the appropriate remedy, and dismissed the petition. Mr. Haugh appeals and we affirm, albeit on different grounds than those relied on by the district court.