Court of Appeals for the Seventh Circuit August 8, 2002, 94-3360 (United States v. Russell Prevatte)

RIPPLE, Circuit Judge.

Russell “Rusty” Prevatte brings this motion to recall mandate and seeks immediate release from incarceration. For the following reasons, we believe that this motion ought to be construed as a petition for a writ of habeas corpus under 28 U.S.C. § 2241 and transferred to the District of Colorado pursuant to 28 U.S.C. § 1631.

I

BACKGROUND

The facts leading up to Mr.