Andrus v. Hunnicutt

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 23, 2025
• Docket: 24-11031
• Status: Unpublished

Opinion

Case: 24-11031 Document: 39-1 Page: 1 Date Filed: 06/23/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-11031 Summary Calendar FILED ____________ June 23, 2025 Lyle W. Cayce Edwin Oland Andrus, Clerk

Petitioner—Appellant,

versus

Joseph Hunnicutt; United States Probation Office,

Respondents—Appellees. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:24-CV-1083 ______________________________

Before Jolly, Jones, and Willett, Circuit Judges. Per Curiam: * Edwin Oland Andrus, former federal prisoner # 22026-479, was convicted in the Southern District of Texas of coercion and enticement of a minor in violation of 18 U.S.C. § 2422(b) and sentenced to 120 months of imprisonment and seven years of supervised release. Andrus appeals the

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-11031 Document: 39-1 Page: 2 Date Filed: 06/23/2025

No. 24-11031

dismissal of his 28 U.S.C. § 2241 habeas petition in which he challenged the condition of his supervised release restricting Internet access. The district court correctly dismissed his § 2241 petition because Andrus, in collaterally challenging the condition, does not show that “unusual circumstances make it impossible or impracticable to seek relief in the sentencing court.” Jones v. Hendrix, 599 U.S. 465, 478 (2023); see 28 U.S.C. § 2255(e); Ojo v. INS, 106 F.3d 680, 683 (5th Cir. 1997). To the extent that Andrus is challenging the execution of the condition, his conclusional allegations are insufficient to support habeas relief. See Koch v. Puckett, 907 F.2d 524, 530 (5th Cir. 1990). The judgment of the district court is AFFIRMED.