Filed: Feb. 23, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 15-40042 Document: 00513391933 Page: 1 Date Filed: 02/23/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 15-40042 Fifth Circuit FILED Summary Calendar February 23, 2016 Lyle W. Cayce ODIS LEE JACKSON, Clerk Petitioner-Appellant v. DANIELS, U.S. Prison Warden, Respondent-Appellee Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:14-CV-395 Before WIENER, HIGGINSON, and COSTA, Circuit Judges. PER CURIA
Summary: Case: 15-40042 Document: 00513391933 Page: 1 Date Filed: 02/23/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 15-40042 Fifth Circuit FILED Summary Calendar February 23, 2016 Lyle W. Cayce ODIS LEE JACKSON, Clerk Petitioner-Appellant v. DANIELS, U.S. Prison Warden, Respondent-Appellee Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:14-CV-395 Before WIENER, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM..
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Case: 15-40042 Document: 00513391933 Page: 1 Date Filed: 02/23/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 15-40042
Fifth Circuit
FILED
Summary Calendar February 23, 2016
Lyle W. Cayce
ODIS LEE JACKSON, Clerk
Petitioner-Appellant
v.
DANIELS, U.S. Prison Warden,
Respondent-Appellee
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:14-CV-395
Before WIENER, HIGGINSON, and COSTA, Circuit Judges.
PER CURIAM: *
Petitioner-Appellant Odis Lee Jackson, federal prisoner # 15806-179,
was convicted of conspiracy to possess with intent to distribute 50 grams or
more of cocaine base and possession with intent to distribute 50 grams or more
of cocaine base. He was sentenced to life imprisonment and 10 years of
supervised release. He now appeals the district court’s dismissal of his 28
U.S.C. § 2241 petition.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 15-40042 Document: 00513391933 Page: 2 Date Filed: 02/23/2016
No. 15-40042
Relying on, inter alia, Moncrieffe v. Holder, 133 S. Ct. 1678 (2013), and
Descamps v. United States,
133 S. Ct. 2276 (2013), Jackson contends that the
district court misapplied Reyes-Requena v. United States,
243 F.3d 893, 901
(5th Cir. 2001), as the savings clause of 28 U.S.C. § 2255 permits challenges to
erroneously applied statutory mandatory minimum sentences. The district
court determined that Jackson had not met the criteria for proceeding under
the savings clause which allows a federal prisoner to attack the legality of his
conviction in a § 2241 petition if he can show that the remedies provided under
§ 2255 are “inadequate or ineffective to test the legality of his detention.”
§ 2255(e).
We review a district court’s dismissal of a § 2241 petition de novo. See
Pack v. Yusuff, 218 F.3d 448, 451 (5th Cir. 2000). A prisoner seeking to
establish that his § 2255 remedy is inadequate or ineffective must make a
claim (1) “based on a retroactively applicable Supreme Court decision which
establishes that the petitioner may have been convicted of a nonexistent
offense” that (2) “was foreclosed by circuit law at the time when the claim
should have been raised in the petitioner’s trial, appeal, or first § 2255 motion.”
Reyes-Requena, 243 F.3d at 904.
We are not persuaded by Jackson’s contention that the savings clause
permits sentencing challenges. See Garland v. Roy, 615 F.3d 391, 394 (5th Cir.
2010). As neither
Descamps, 133 S. Ct. at 2278-95, nor
Moncrieffe, 133 S. Ct.
at 1680-94, has any effect on whether Jackson was convicted of nonexistent
federal drug offenses, these decisions do not demonstrate that § 2255 is
inadequate or ineffective. See
Garland, 615 F.3d at 394. Jackson also relies
on United States v. Sanchez-Espinal,
762 F.3d 425 (5th Cir. 2014), but that is
not a Supreme Court decision, so it cannot satisfy the first prong of the Reyes-
Requena test. See
Reyes-Requena, 243 F.3d at 904. Finally, even though
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Case: 15-40042 Document: 00513391933 Page: 3 Date Filed: 02/23/2016
No. 15-40042
Jackson advanced a claim based on Alleyne v. United States, 133 S. Ct. 2151
(2013) in the district court, he has not briefed a contention based on Alleyne on
appeal and has therefore abandoned this claim. See United States v. Scroggins,
599 F.3d 433, 446-47 (5th Cir. 2010); Yohey v. Collins,
985 F.2d 222, 224-25
(5th Cir. 1993).
The judgment of the district court is AFFIRMED.
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