Purnell v. Keffer

Full title: Dennis PURNELL, also known as Scott J. Mosley, Petitioner-Appellant v. Joe…

Court: United States Court of Appeals, Fifth Circuit

Date published: Apr 15, 2009

325 F. App'x 310 (5th Cir. 2009)

Opinion

No. 08-30724 Summary Calendar.

April 15, 2009.

Dennis Purnell, Pollock, LA, pro se.

Appeal from the United States District Court for the Western District of Louisiana, USDC No. 1:08-CV-590.

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Dennis Purnell, federal prisoner # 40677-004, appeals the dismissal of his 28 U.S.C. § 2241 petition, which challenged his 1997 drug and firearms convictions and sentences. He argued that his convictions violated the Double Jeopardy Clause because they subjected him to multiple punishments based on the same evidence and course of conduct, that the verdicts were inconsistent, and that he is actually innocent of the crimes of conviction.

Because Purnell challenged errors that occurred at or before sentencing, his claim could not be asserted in a § 2241 petition. See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir. 2000). Moreover, Purnell has not met his burden of showing that he is entitled to proceed under § 2241 via the savings clause of 28 U.S.C. § 2255 solely because his first § 2255 motion was dismissed as untimely. See Pack v. Yusuff, 218 F.3d 448, 452-53 (5th Cir. 2000). Accordingly, the district court's dismissal of Purnell's § 2241 petition is AFFIRMED.