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Brown v. Chandler

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Jul 7, 2015
606 F. App'x 267 (5th Cir. 2015)

Opinion

No. 14-11025

07-07-2015

DEMETREOUS A. BROWN, SR., Petitioner-Appellant v. RODNEY W. CHANDLER, FCI-Fort Worth, Warden, Respondent-Appellee


Summary Calendar Appeal from the United States District Court for the Northern District of Texas
USDC No. 4:14-CV-559
Before PRADO, OWEN, and GRAVES, Circuit Judges. PER CURIAM:

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. --------

Demetreous A. Brown, Sr., federal prisoner # 07860-028, appeals the district court's dismissal of his 28 U.S.C. § 2241 petition challenging his conviction of one count of conspiring with intent to distribute more than 50 grams of crack cocaine and more than five kilograms of a substance containing cocaine, eleven counts of distributing crack cocaine, and one count of possessing a firearm as a felon. We review that dismissal de novo. See Garland v. Roy, 615 F.3d 391, 396 (5th Cir. 2010). Brown failed to show that he met the requirements of the savings clause of 28 U.S.C. § 2255(e). See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001). Accordingly, the district court did not err in dismissing Brown's § 2241 petition. See Pack v. Yusuff, 218 F.3d 448, 452 (5th Cir. 2000).

Brown has abandoned by failing to brief any challenge to the district court's denial of his alternative motion for writ of audita querela. 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).

All pending motions are DENIED, and the district court's judgment is AFFIRMED.


Summaries of

Brown v. Chandler

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Jul 7, 2015
606 F. App'x 267 (5th Cir. 2015)
Case details for

Brown v. Chandler

Case Details

Full title:DEMETREOUS A. BROWN, SR., Petitioner-Appellant v. RODNEY W. CHANDLER…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: Jul 7, 2015

Citations

606 F. App'x 267 (5th Cir. 2015)

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