Elawyers Elawyers
Washington| Change

Fuenmayor v. Conner, 02-40713 (2003)

Court: Court of Appeals for the Fifth Circuit Number: 02-40713 Visitors: 24
Filed: Feb. 19, 2003
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-40713 Conference Calendar AURELIO HEREDIA FUENMAYOR, Petitioner-Appellant, versus N. L. CONNER, Warden, Respondent-Appellee. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 5:01-CV-101 - February 19, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges PER CURIAM:* Aurelio Heredia Fuenmayor, federal prisoner #34560-004, appeals from the district court’s dismissal of his 28 U.S
More
               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                            No. 02-40713
                        Conference Calendar



AURELIO HEREDIA FUENMAYOR,

                                         Petitioner-Appellant,

versus

N. L. CONNER, Warden,

                                         Respondent-Appellee.

                        --------------------
           Appeal from the United States District Court
                 for the Eastern District of Texas
                        USDC No. 5:01-CV-101
                        --------------------
                          February 19, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges

PER CURIAM:*

     Aurelio Heredia Fuenmayor, federal prisoner #34560-004,

appeals from the district court’s dismissal of his 28 U.S.C.

§ 2241 petition.   Fuenmayor argues that his conviction was

rendered nonexistent by the ineffective assistance of his defense

counsel.   The district court concluded that, because Fuenmayor’s

petition challenged the legality of his convictions, it was in

the nature of a 28 U.S.C. § 2255 motion to vacate, but that



     *
        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that this opinion should not be published and is not precedent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.
                           No. 02-40713
                                -2-

Fuenmayor had not satisfied the “savings clause” of that statute.

See Pack v. Yusuff, 
218 F.3d 448
, 452 (5th Cir. 2000).

     Fuenmayor has failed to make the requisite showing that the

remedy provided for under 28 U.S.C. § 2255 is inadequate or

ineffective to test the legality of his detention.   See

Reyes-Requena v. United States, 
243 F.3d 893
, 904 (5th Cir.

2001).   Accordingly, the district court’s judgment is AFFIRMED.

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer