Filed: Apr. 11, 2006
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 11, 2006 Charles R. Fulbruge III Clerk No. 05-40213 Conference Calendar TODD MICHAEL PORTER, Petitioner-Appellant, versus R. MILES, Warden, Respondent-Appellee. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:04-CV-766 - Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges. PER CURIAM:* Todd Michael Porter, federal prisoner
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 11, 2006 Charles R. Fulbruge III Clerk No. 05-40213 Conference Calendar TODD MICHAEL PORTER, Petitioner-Appellant, versus R. MILES, Warden, Respondent-Appellee. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:04-CV-766 - Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges. PER CURIAM:* Todd Michael Porter, federal prisoner ..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 11, 2006
Charles R. Fulbruge III
Clerk
No. 05-40213
Conference Calendar
TODD MICHAEL PORTER,
Petitioner-Appellant,
versus
R. MILES, Warden,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:04-CV-766
--------------------
Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Todd Michael Porter, federal prisoner # 12313-039, appeals
the dismissal of his 28 U.S.C. § 2241 petition challenging the
252-month sentence imposed following his jury trial conviction
for one count of conspiracy to distribute cocaine; one count of
conspiracy to receive explosives; one count of knowingly and
intentionally using, persuading, inducing, enticing, or coercing
a person under 18 years of age to assist him in avoiding
detection; 15 counts of receiving explosives while being a user
*
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this opinion should not be published and is not precedent except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. 05-40213
-2-
of a controlled substance; and one count of distributing a
controlled substance to a person under the age of 21.
Porter argues on appeal that he was actually innocent of two
of the offenses for which he was convicted, that his counsel was
ineffective for failing to object to the lack of sufficient
evidence to support those convictions, that the district court’s
jury instructions violated his constitutional rights under
Apprendi v. New Jersey,
530 U.S. 466 (2000), and that his
sentence should not have been increased based on obstruction of
justice. He contends that he is entitled to seek relief under
§ 2241 because 28 U.S.C. § 2255 offers an inadequate or
ineffective remedy. He contends that § 2255 is inadequate or
ineffective because his prior § 2255 motions were dismissed
solely on procedural grounds and because he is actually innocent
of two of the crimes of which he was convicted. Porter has not
shown that the remedy provided in § 2255 was inadequate or
ineffective. See Reyes-Requena v. United States,
243 F.3d 893,
904 (2001); Pack v. Yusuff,
218 F.3d 448, 452 (5th Cir. 2000).
Accordingly, the district court’s dismissal of Porter’s § 2241
petition is AFFIRMED.