Richard vs. Dobre, (5th Cir. 2002)
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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 01-40853 Conference Calendar ALONZO RICHARD, Petitioner-Appellant, versus JONATHON DOBRE, Respondent-Appellee. Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CV-91 December 12, 2002 Before JOLLY, JONES, and CLEMENT, Circuit Judges.
PER CURIAM: * Alonzo Richard, now federal prisoner # 23088-077, was convicted of obstructing interstate commerce by robbery, of carrying a firearm in relation to one of those robberies, and of being a felon in possession of a firearm. After an unsuccessful appeal and 28 U.S.C. § 2255 motion, Richard filed the instant 28 U.S.C. § 2241 petition, challenging the validity of his indictment under Apprendi v. New Jersey , 530 U.S. 466 (2000), which the district court denied. Richard argues that the district court erred in determining that he had not demonstrated that relief under 28 U.S.C. § 2255 was inadequate or ineffective so as to qualify for relief under 28 U.S.C. § 2241. He contends that his reliance on Apprendi qualifies him for such relief under the § 2255 as established by Reyes-Requena v. United States , 243 F.3d 893, 904 (5th Cir. 2001).
Richard is incorrect. He does not satisfy the first prong of the Reyes-Requena test because Apprendi is not retroactive to cases on collateral review. See Wesson v. U.S. Penitentiary Beaumont, TX , 305 F.3d 343, 347-48 (5th Cir. 2002). The district courtÂ’s judgment is AFFIRMED. RichardÂ’s motion to file supplemental briefs is DENIED.
AFFIRMED; MOTION DENIED.
No. 01-40853
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This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2255 - Sec. 2255. Federal custody; remedies on motion attacking sentence
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2241 - Sec. 2241. Power to grant writ
- 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)
- U.S. Court of Appeals for the Fifth Circuit - Thomas Wesson, Petitioner-Appellant, v. U.S. Penitentiary Beaumont, Tx, Warden, Respondent-Appellee., 305 F.3d 343 (5th Cir. 2002)
- U.S. Supreme Court - Apprendi v. New Jersey, 530 U.S. 466 (2000)
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