Filed: Sep. 05, 2017
Latest Update: Sep. 05, 2017
Summary: MEMORANDUM AND ORDER ALFRED H. BENNETT , District Judge . Texas state inmate Epitacio Beltran (TDCJ #02078958) 1 filed a petition under 28 U.S.C. 2254, challenging the execution of a federal sentence. After considering all of the pleadings and the applicable law, the Court concludes that this case must be dismissed for reasons set forth briefly below. I. Background Beltran was convicted by a Harris County, Texas court of the felony offense of possession with intent to distribute cocai
Summary: MEMORANDUM AND ORDER ALFRED H. BENNETT , District Judge . Texas state inmate Epitacio Beltran (TDCJ #02078958) 1 filed a petition under 28 U.S.C. 2254, challenging the execution of a federal sentence. After considering all of the pleadings and the applicable law, the Court concludes that this case must be dismissed for reasons set forth briefly below. I. Background Beltran was convicted by a Harris County, Texas court of the felony offense of possession with intent to distribute cocain..
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MEMORANDUM AND ORDER
ALFRED H. BENNETT, District Judge.
Texas state inmate Epitacio Beltran (TDCJ #02078958)1 filed a petition under 28 U.S.C. § 2254, challenging the execution of a federal sentence. After considering all of the pleadings and the applicable law, the Court concludes that this case must be dismissed for reasons set forth briefly below.
I. Background
Beltran was convicted by a Harris County, Texas court of the felony offense of possession with intent to distribute cocaine and, on July 12, 2016, sentenced to thirteen (13) years' imprisonment in a Texas state jail. State of Texas v. Nunez, Cause Number 14782240. Beltran seeks relief under 28 U.S.C. § 2254, requesting that an unrelated federal sentence run concurrently with the state sentence he is serving at present.
Beltran provides few details about either his state sentence or the federal sentence he purports to challenge. Court records show that Beltran pleaded guilty to a charge of illegal reentry by a previously deported alien after a felony conviction; and, on March 24, 2016, the district court sentenced him to serve fourteen (14) months in federal prison. United States v. Beltran, Criminal Action Number 4:15-cr-0596 (S.D. Tex.). Beltran did not file a direct appeal from his federal conviction. Nor has he filed any other motion for collateral review in that case.2
In requesting that his federal sentence run concurrently with his state sentence, Beltran appears to seek relief only from his federal conviction and/or sentence. A motion to vacate sentence pursuant to 28 U.S.C. § 2255 is the exclusive means for a federal prisoner to challenge the validity of his conviction or sentence, unless such a motion would be inadequate or ineffective to test the legality of the detention. See Christopher v. Miles, 342 F.3d 378, 281 (5th Cir. 2003). Beltran does not allege facts showing that a motion under § 2255 would be ineffective or inadequate here. The Court dismisses this case for lack of jurisdiction. The dismissal is without prejudice to Beltran's compliance with the procedural requirements found in § 2255.
II. Conclusion and Order
Beltran's petition for a writ of habeas corpus, (Docket Entry No. 1), is DISMISSED without prejudice for lack of jurisdiction. To the extent that one is needed, a certificate of appealability is denied. The Clerk is directed to provide Beltran with a proper form for use in filing a § 2255 motion.
