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274 F. App'x 356

Alaniz v. Fox

U.S. Courts of Appeals

Decided April 15, 2008

U.S. Courts of Appeals · decided 2008-04-15

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 Yohey v. Collins · Reginald R. Brinkmann, Jr. v. Dallas County Deputy Sheriff Abner · Reyes-Requena v. United States

Decided 2008-04-15

PER CURIAM: *

¶1 Alberto Alaniz, Jr., federal prisoner # 08779-045, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition in which he challenged his 240-month sentence for conspiracy to distribute marijuana. The district court determined that Alaniz could not proceed under § 2241 because his claims did not satisfy the requirements of the “savings clause” of 28 U.S.C. § 2255(e).

¶2 Alaniz’s brief is entirely devoted to the merits of his claims for relief. Alaniz has not argued, much less shown, that he is entitled to proceed under § 2241 based on the savings clause of § 2255(e). See Reyes-Requena v. United States, 243 F.3d 893, 900-01, 904 (5th Cir.2001). Alaniz has waived the issue by failing to brief it. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993); Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.1987).

¶3 The judgment of the district court is AFFIRMED.

*

¶4 Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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