Lance Milliman v. Betty Jean Lindemoen

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-3596
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Vincent C. Donovan, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Alberto Gonzales, United States * District of South Dakota.
Attorney General; R. Martinez, *
Warden, FPC Yankton, * [UNPUBLISHED]
*
Appellees. *
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Submitted: July 3, 2006
Filed: July 5, 2006
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Before RILEY, MAGILL, and GRUENDER, Circuit Judges.
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PER CURIAM.
Vincent Donovan is serving a 212-month prison sentence imposed in the
Eastern District of Wisconsin after a jury found him guilty of participating in a drug
conspiracy and related offenses. See United States v. Donovan, 24 F.3d 908 (7th
Cir.), cert. denied, 513 U.S. 905 (1994). From his current place of confinement at the
Federal Prison Camp in Yankton, South Dakota, Donovan filed this 28 U.S.C. § 2241
petition in June 2005, challenging the government’s legal authority to charge him
under 21 U.S.C. § 841, because “he was/is not [a member] of the ‘class’ of persons

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¹The Honorable Lawrence L. Piersol, United States District Judge for the
District of South Dakota.
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whom the statute sweeps into its criminal ambit.” The district court 1 dismissed
Donovan’s petition, finding his inability to file a successive 28 U.S.C. § 2255 motion
did not make section 2255 inadequate or ineffective, and he appeals. Following
careful review, see Hill v. Morrison, 349 F.3d 1089, 1091 (8th Cir. 2003), we affirm
for the reasons stated by the district court. See 8th Cir. R. 47B. The government’s
pending motion to expand the appellate record and take judicial notice of the previous
28 U.S.C. § 2241 petition is granted.
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