Public-domain · open source
OpenJurist

177 F. App'x 394

Darr v. Miles

U.S. Courts of Appeals

Decided April 11, 2006

U.S. Courts of Appeals · decided 2006-04-11

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Reyes-Requena v. United States · Sylvester Tolliver v. Jonathon Dobre

Decided 2006-04-11

PER CURIAM: *

¶1 Thomas Shannon Darr, federal prisoner # 18389-077, appeals the dismissal of his 28 U.S.C. § 2241 habeas petition challenging one of the sentences imposed in connection with his 1989 convictions for various drug-related offenses, use of a communication facility to commit a felony, and interstate travel in aid of racketeering.

¶2 Because Darr’s claim relates to an error that allegedly occurred at sentencing, his claim may not be asserted in a § 2241 petition. See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir.2000); Reyes-Requena v. United States, 243 F.3d 893, 900 (5th Cir.2001). Moreover, Darr has not shown that he is entitled to proceed under § 2241 based on the “savings clause” of 28 U.S.C. § 2255. Reyes-Requena, 243 F.3d at 901, *395 904. The district court’s judgment is AFFIRMED.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

/177/fappx/394 · .json · Public domain