Robinson v. Childress

05-41690Court of Appeals for the Fifth Circuit13 feb 2007

Testo completo

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
February 13, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-41690
Conference Calendar
KENNETH CORDELL ROBINSON,
Petitioner-Appellant,
versus
CHILDRESS, Warden,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:05-CV-543
--------------------
Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Kenneth Cordell Robinson, federal prisoner # 87578-079,
appeals the denial of his 28 U.S.C. § 2241 petition, wherein he
challenged his conviction and sentence for distributing cocaine
base. The district court determined that Robinson’s claims could
not be raised in a § 2241 petition and failed to satisfy the
requirements of the savings clause under 28 U.S.C. § 2255.
Robinson has not argued, much less shown, that he is
entitled to proceed under § 2241 based on the savings clause of
§ 2255. See Reyes-Requena v. United States, 243 F.3d 893,

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No. 05-41690
-2-
900-01, 904 (5th Cir. 2001); Yohey v. Collins, 985 F.2d 222,
224-25 (5th Cir. 1993); Brinkmann v. Dallas County Deputy Sheriff
Abner, 813 F.2d 744, 748 (5th Cir. 1987). Accordingly, the
district court’s judgment is AFFIRMED.

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