Samuels v. USA ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40153
Conference Calendar
KELVIN K. SAMUELS,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CV-885
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December 11, 2002
Before JOLLY, DAVIS, and JONES, Circuit Judges.
PER CURIAM:*
Kelvin K. Samuels, a federal prisoner (# 23418-077), appeals
the district court’s dismissal of his 28 U.S.C. § 2241 habeas
corpus petition. Samuels has argued that he was convicted of two
nonexistent offenses, because such offenses cannot be criminally
prosecuted by the federal Government under the Commerce Clause.
The district court concluded that because Samuels’ petition
challenged the legality of his convictions, it was in the nature
of a 28 U.S.C. § 2255 motion to vacate, but that Samuels had not
*
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that this opinion should not be published and is not precedent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. 02-40153
-2-
satisfied the “savings clause” of that statute. See Pack
v. Yusuff, 218 F.3d 448, 452 (5th Cir. 2000).
Although Samuels could proceed under 28 U.S.C. § 2241 if he
demonstrated that 28 U.S.C. § 2255 relief was “inadequate or
ineffective” under the latter statute’s “savings clause,” Samuels
has not even attempted to make such a showing. His reliance on
United States v. Lopez, 514 U.S. 549 (1995), does not suggest
claims that could not have been raised at the time he filed his
first 28 U.S.C. § 2255 motion in 1997. See Reyes-Requena
v. United States, 243 F.3d 893, 904 (5th Cir. 2001). The
judgment of the district court is AFFIRMED.