Johnson v. Kastner

Fifth Circuit

Johnson v. Kastner

273 F. App'x 389

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 11, 2008

Docket07-40935

StatusUnpublished

This text of 273 F. App'x 389 (Johnson v. Kastner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Johnson v. Kastner, 273 F. App'x 389 (5th Cir. 2008).

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Opinion

PER CURIAM: *

Stevie Wayne Johnson, Texas prisoner #33435-077, was convicted of conspiring to possess cocaine with intent to distribute and possessing cocaine with intent to distribute. He was sentenced to serve 240 months in prison. He filed a 28 U.S.C. § 2241 habeas corpus petition to challenge his convictions, and he now appeals the district court’s dismissal of his § 2241 petition. Johnson argues that his judgment of conviction is void and he is entitled to § 2241 relief because he was prosecuted under the wrong indictment. He further argues that 28 U.S.C. § 2255 relief does not provide an adequate remedy to address this claim, and he contends that he is actually innocent. Johnson moves this court to take judicial notice of facts con *390 cerning the errors in his judgment and the indictments.

Johnson has not shown that the district court erred in determining that his purported § 2241 petition was best construed as an unauthorized successive § 2255 motion. See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir.2000); Cox v. Warden, Fed. Del. Ctr., 911 F.2d 1111, 1113 (5th Cir. 1990). Johnson likewise has not shown that he should be permitted to proceed under the savings clause of § 2255. See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir.2001); Pack v. Yusuff, 218 F.3d 448, 452-53 (5th Cir.2000). The judgment of the district court is AFFIRMED. All outstanding motions are DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Stevie Wayne Johnson, Texas prisoner #33435-077, was convicted of conspiring to possess cocaine with intent to distribute and possessing cocaine with intent to distribute. He was sentenced to serve 240 months in prison. He filed a 28 U.S.C. § 2241 habeas corpus petition to challenge his convictions, and he now appeals the district court’s dismissal of his § 2241 petition. Johnson argues that his judgment of conviction is void and he is entitled to § 2241 relief because he was prosecuted under the wrong indictment. He further argues that 28 U.S.C. § 2255 relief does not provide an adequate remedy to address this claim, and he contends that he is actually innocent. Johnson moves this court to take judicial notice of facts con *390 cerning the errors in his judgment and the indictments.

Johnson has not shown that the district court erred in determining that his purported § 2241 petition was best construed as an unauthorized successive § 2255 motion. See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir.2000); Cox v. Warden, Fed. Del. Ctr., 911 F.2d 1111, 1113 (5th Cir. 1990). Johnson likewise has not shown that he should be permitted to proceed under the savings clause of § 2255. See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir.2001); Pack v. Yusuff, 218 F.3d 448, 452-53 (5th Cir.2000). The judgment of the district court is AFFIRMED. All outstanding motions are DENIED.

*

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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273 F. App'x 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-kastner-ca5-2008.

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