Farquhar v. Conner , 71 F. App'x 379 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 18, 2003
Charles R. Fulbruge III
Clerk
No. 03-40459
Summary Calendar
GEORGE D. FARQUHAR,
Petitioner-Appellant,
versus
N. LEE CONNER, Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:01-CV-216
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
George D. Farquhar (“Farquhar”), federal prisoner number
28074-077, appeals the district court’s order denying and
dismissing with prejudice his application for writ of habeas
corpus. Because he challenges his conviction and not the manner
in which his sentence is being executed, Farquhar must satisfy
the requirements for filing a 28 U.S.C. § 2241 petition under 28
U.S.C. § 2255’s “savings clause.” See Pack v. Yusuff, 218 F.3d
448, 448 (5th Cir. 2000).
*
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that this opinion should not be published and is not precedent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. 03-40459
-2-
Farquhar has not met his burden of showing that he meets the
requirements for filing a § 2241 petition under the savings
clause of § 2255. Farquhar must point to a retroactively
applicable Supreme Court decision which establishes that he may
have been imprisoned for conduct that was not prohibited by law
and show that his claims were foreclosed by circuit law at the
time of his guilty-plea conviction, appeal, or first § 2255
motion. See Reyes-Requena v. United States, 243 F.3d 893, 903-04
(5th Cir. 2001). Farquhar’s arguments do not satisfy both of the
above requirements.
AFFIRMED. All outstanding motions are DENIED.