Public-domain · open source
OpenJurist

87 F. App'x 385

Davis v. United States

U.S. Courts of Appeals

Decided February 16, 2004

This page is marked noindex.

U.S. Courts of Appeals · decided 2004-02-16

Cited by 2 later decisions — most recently March 2015

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 Garland Jeffers v. Ernest Chandler US

Good law ✅— No negative treatment on recordhow we know

Decided 2004-02-16

View the full empirical analysis of this case →

PER CURIAM. *

¶1 Paul Christopher Davis, prisoner number 15273-057, was convicted of one charge of possession of approximately 815 grams of crack cocaine with intent to distribute and was sentenced to 330 months in prison. Davis filed a purported 28 U.S.C. § 2241 petition to challenge this sentence. The district court determined that Davis’s purported 28 U.S.C. § 2241 petition was best classed as a 28 U.S.C. § 2255 motion and dismissed it. Davis now appeals that dismissal. Given the benefit of liberal construction, his argument to this court may fairly be construed as alleging that he is entitled to bring a 28 U.S.C. § 2241 petition under the savings clause of 28 U.S.C. § 2255 because he is actually innocent of his sentence.

¶2 In reviewing the denial of habeas relief, the district court’s findings of fact are reviewed for clear error and issues of law are reviewed de novo. Jeffers v. Chandler, 253 F.3d 827, 830 (5th Cir.2001). Davis has not shown that the district court erred in construing his pleading as an unauthorized 28 U.S.C. § 2255 motion that should be dismissed. Accordingly, the judgment of the district court 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¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

/87/fappx/385 · .json · Public domain