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Ford v. U.S.

United States Court of Appeals, Fifth Circuit
Apr 27, 2011
423 F. App'x 433 (5th Cir. 2011)

Opinion

No. 10-10787 Summary Calendar.

April 27, 2011.

Brenda Lee Ford, Fort Worth, TX, pro se.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:10-CV-523.

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.


Brenda Lee Ford, federal prisoner # 26255-077, currently is serving a prison sentence for a 1995 conviction for conspiracy to possess with intent to distribute cocaine and possession with intent to distribute cocaine. Ford filed a petition under 28 U.S.C. § 2241 arguing that the district court erred in applying the career offender provisions of the Sentencing Guidelines under the recent decision in Johnson v. United States, ___ U.S. ___, 130 S.Ct. 1265, 176 L.Ed.2d 1 (2010).

We note that in Johnson, the Supreme Court addressed the definition of "violent felony" in the Armed Career Criminal Act, § 924(e)(1) and the extent to which a conviction of battery necessarily constituted "use of physical force" for purposes of that definition. Critically, Ford's prior convictions were not deemed "violent felonies" under the Armed Career Criminal Act. Rather, they were deemed "crimes of violence" under the Guidelines. See U.S.S.G. § 4B1.1.

The district court dismissed Ford's § 2241 petition because she did not meet the requirements for proceeding under the savings clause of 28 U.S.C. § 2255 as set forth in Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001). Ford has not shown that the district court erred in its judgment. See Jeffers v. Chandler, 253 F.3d 827, 830 (5th Cir. 2001).

AFFIRMED.


Summaries of

Ford v. U.S.

United States Court of Appeals, Fifth Circuit
Apr 27, 2011
423 F. App'x 433 (5th Cir. 2011)
Case details for

Ford v. U.S.

Case Details

Full title:Brenda Lee FORD, Petitioner-Appellant v. UNITED STATES of America…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 27, 2011

Citations

423 F. App'x 433 (5th Cir. 2011)

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