Opinion

Demetreous Brown, Sr. v. Rodney Chandler

  • 606 F. App'x 267
Court
Court of Appeals for the Fifth Circuit
Filed
Jul 7, 2015
Status
Unpublished
On the bench
Prado, Owen, Graves
Nature of suit
Prisoner w/ out Counsel
Cited by
0 cases
Authority
More cited than 34.7%

The opinion

Case: 14-11025 Document: 00513106186 Page: 1 Date Filed: 07/07/2015

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT United States Court of Appeals

Fifth Circuit

FILED

July 7, 2015

No. 14-11025

Summary Calendar Lyle W. Cayce

Clerk

DEMETREOUS A. BROWN, SR.,

Petitioner-Appellant

v.

RODNEY W. CHANDLER, FCI-Fort Worth, Warden,

Respondent-Appellee

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: *

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

* 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.

Case: 14-11025 Document: 00513106186 Page: 2 Date Filed: 07/07/2015

No. 14-11025

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.

2

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