Antoine Powell v. Rodney Chandler

Case: 13-10713 Document: 00512480715 Page: 1 Date Filed: 12/23/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-10713 December 23, 2013
Summary Calendar
Lyle W. Cayce
Clerk
ANTOINE EARL POWELL,
Petitioner-Appellant
v.
RODNEY W. CHANDLER,
Respondent-Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:14-CV-493
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
Antoine Earl Powell, federal prisoner # 56375-180, appeals from the
dismissal of his 28 U.S.C. § 2241 petition challenging his sentence following
his guilty plea to possession with the intent to distribute at least 50 grams of
crack cocaine and possession of a firearm during the commission of a drug
trafficking crime. We review the dismissal de novo. Pack v. Yusuff, 218 F.3d
448, 451 (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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-10713 Document: 00512480715 Page: 2 Date Filed: 12/23/2013
No. 13-10713
As the district court determined, Powell seeks to challenge the validity
of his sentence rather than the manner in which his sentence has been
executed, his petition properly arises under 28 U.S.C. § 2255. Id. at 451-52. A
§ 2255 motion must be brought by the movant in the court that sentenced him.
§ 2255(a); Ojo v. INS, 106 F.3d 680, 683 (5th Cir. 1997). The district court did
not impose the sentence at issue; thus, it did not err by dismissing the petition
rather than construing it as a § 2255 motion. See Ojo, 106 F.3d at 683. The
judgment is affirmed.
AFFIRMED.
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