DocketNumber: 01-40699
Filed Date: 6/20/2002
Status: Non-Precedential
Modified Date: 4/17/2021
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-40699 Conference Calendar SHELTON PAUL RANDLE, Petitioner-Appellant, versus JONATHON DOBRE, Warden, Respondent-Appellee. -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CV-289 -------------------- June 19, 2002 Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Shelton Paul Randle, federal prisoner # 04786-078, appeals the district court’s dismissal of his petition brought pursuant to28 U.S.C. § 2241
wherein he sought to challenge the enhanced sentence he received after being convicted of possession with the intent to distribute a controlled substance. He argues that because he is precluded by the statute of limitations from filing a motion pursuant to28 U.S.C. § 2255
, the district court erred * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-40699 -2- when it determined that he had not demonstrated that the remedy provided for under28 U.S.C. § 2255
was inadequate. He argues that he therefore should be allowed to proceed under28 U.S.C. § 2241
. We review the district court’s findings of fact for clear error and issues of law de novo. See Moody v. Johnson,139 F.3d 477
, 480 (5th Cir. 1998). A28 U.S.C. § 2241
petition attacking a federally imposed sentence may be considered if the petitioner establishes that the remedy under28 U.S.C. § 2255
is inadequate or ineffective to test the legality of his detention. Tolliver v. Dobre,211 F.3d 876
, 877 (5th Cir. 2000). The burden of demonstrating the inadequacy of the28 U.S.C. § 2255
remedy rests with the petitioner. Jeffers v. Chandler,253 F.3d 827
, 830 (5th Cir. 2001). In order to meet his burden, Randle must have shown that his claim (1) was based on a retroactively applicable Supreme Court decision which established that he may have been convicted of a nonexistent offense, and (2) was foreclosed by circuit law at the time when the claim could have been raised at trial, on appeal, or a first28 U.S.C. § 2255
motion. See Henderson v. Haro,282 F.3d 862
, 863 (5th Cir. 2002). The inability to meet these requirements does not render28 U.S.C. § 2255
inadequate or ineffective.Id.
Moreover,28 U.S.C. § 2255
is not inadequate merely because a prisoner is unable to meet the requirements for bringing a28 U.S.C. § 2255
motion set forth in the AEDPA. See Tolliver,211 F.3d at 877
(petitioner attempting to circumvent No. 01-40699 -3- the restriction on filing successive28 U.S.C. § 2255
motions). Thus, the fact that Randle is barred under the statute of limitations from bringing his motion under28 U.S.C. § 2255
does not render the28 U.S.C. § 2255
remedy inadequate. Seeid.
The judgment of the district court is AFFIRMED.