Court of Appeals for the Ninth Circuit December 9, 2004, No. 03-56109 (Wai Chong Leung v. United States)

MEMORANDUM **

Wai Chong Leung appeals pro se the district court’s denial of his 28 U.S.C. § 2241 petition. We lack jurisdiction, and we dismiss.

Although captioned as a habeas petition pursuant to 28 U.S.C. § 2241, this action is properly construed as a § 2255 motion. See Porter v. Adams, 244 F.3d 1006, 1007 (9th Cir.