DocketNumber: 10-41244
Citation Numbers: 427 F. App'x 290
Judges: DeMOSS, Dennis, King, Per Curiam
Filed Date: 5/31/2011
Status: Non-Precedential
Modified Date: 8/3/2023
Case: 10-41244 Document: 00511492327 Page: 1 Date Filed: 05/31/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED May 31, 2011 No. 10-41244 Summary Calendar Lyle W. Cayce Clerk WILLIE B. JEFFERSON, Petitioner - Appellant v. WARDEN FOX, Respondent - Appellee Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:10-CV-366 Before KING, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* Willie B. Jefferson, federal prisoner #61002-079, challenges the denial of his petition for habeas corpus relief under28 U.S.C. § 2241
to correct an alleged sentencing error. Jefferson contends that his sentence is unconstitutional because his criminal history score was incorrectly calculated. He argues that § 2241 relief is appropriate because he obtained the dismissal of the charges in state court as to one of his convictions and that28 U.S.C. § 2255
provides an inadequate remedy due to the requirements of the Antiterrorism and Effective * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 10-41244 Document: 00511492327 Page: 2 Date Filed: 05/31/2011 No. 10-41244 Death Penalty Act (AEDPA). He has twice been denied habeas relief under § 2255. Jefferson further asserts that the sentencing court erred by denying his motion for sentence correction nunc pro tunc and that his § 2241 motion was intended to correct that denial and obtain nunc pro tunc relief in a court that had jurisdiction to grant it. Relief under § 2241 “is typically used to challenge the manner in which a sentence is executed.” Reyes-Requena v. United States,243 F.3d 893
, 900 (5th Cir. 2001). Relief under § 2255, however, is the primary means for a federal prisoner to “collaterally attack the legality of his conviction or sentence.” Id. at 901. Here, Jefferson attacks the legality of his sentence. He may only utilize § 2241 to challenge the legality of his sentence if he can satisfy § 2255's “savings clause.” Id. The savings clause of § 2255(e) applies to a claim of actual innocence “(i) that is based on a retroactively applicable Supreme Court decision which establishes that the petitioner may have been convicted of a nonexistent offense and (ii) that 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.” Id. at 904. Jefferson does not argue that he is actually innocent; rather, he challenges the calculation of his criminal history score, claiming in part that he is actually innocent of one of the offenses used in that calculation. The § 2255(e) savings clause is inapplicable to Jefferson’s § 2241 petition. See Padilla v. United States,416 F.3d 424
, 426-27 (5th Cir. 2005). To the extent Jefferson also challenges the denial of a motion for nunc pro tunc relief in another proceeding in another district court, the district court was without jurisdiction to directly review the decision of another district court. See28 U.S.C. § 1291
(providing that courts of appeals have jurisdiction over appeals from district courts). AFFIRMED. 2