DeWitt-McCotter vs. US Sentencing Cmsn, (5th Cir. 2004)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 04-40296 Conference Calendar SAMUEL DEWITT-MCCOTTER, Petitioner-Appellant, versus UNITED STATES SENTENCING COMMISSION, Respondent-Appellee. Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:04-CV-12-MAC-ESH Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM: * Samuel DeWitt-McCotter, federal prisoner # 12687-056, was convicted of conspiring to distribute cocaine and using a firearm during the commission of a drug trafficking offense. He appeals the district court§ 2241 petition challenging this conviction. DeWitt-McCotter argues that the district court erred by holding that his 28 U.S.C. § 2241 petition was subject to dismissal because it did not warrant application of the § 2255. He contends that his sentence is not authorized because it violates the Ex Post Facto Clause and, in light of Bailey v. United States , 516 U.S. 137 (1995), he was convicted of a nonexistent offense. The district court found that DeWittMcCotter had raised a Bailey claim in a prior motion before the sentencing court.
Because DeWitt-McCotter§ 2241 petition. See Reyes-Requena v. United States , 243 F.3d 893, 904 (5th Cir. 2001). Accordingly, the district courtÂ’s judgment is AFFIRMED.
No. 04-40296
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This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2241 - Sec. 2241. Power to grant writ
- U.S. Supreme Court - Bailey v. United States, 516 U.S. 137 (1995)
- U.S. Court of Appeals for the Fifth Circuit - Jose Evaristo Reyes-Requena, Petitioner-Appellant v. United States of America, Defendant-Appellee, 243 F.3d 893 (5th Cir. 2001)
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