Brodin v. Fleming ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 31, 2003
Charles R. Fulbruge III
Clerk
No. 02-11281
Summary Calendar
JOSEPH DAVID BRODIN
Petitioner - Appellant
v.
L E FLEMING, Warden, Federal Medical Center, Forth Worth
Respondent - Appellee
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:02-CV-797-Y
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Before KING, Chief Judge, and WIENER and CLEMENT, Circuit Judges.
PER CURIAM:*
Joseph David Brodin (Brodin), federal prisoner # 09360-023,
appeals the district court’s dismissal of his petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2241. Brodin’s petition
stemmed from his 1997 convictions in the United States District
Court for the District of Idaho for conspiracy to defraud the
United States, mailing threatening communications, and
intimidating and impeding an officer of a court of the United
*
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that this opinion should not be published and is not precedent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.
No. 02-11281
-2-
States. The district court determined that the claims were not
cognizable under 28 U.S.C. § 2241 and dismissed the petition.
Brodin’s claims all pertain to alleged errors that occurred
before or at sentencing. Such claims must be raised by way of a
28 U.S.C. § 2255 motion in the sentencing court, and are not
cognizable under 28 U.S.C. § 2241. See Pack v. Yusuff, 218 F.3d
448, 451 (5th Cir. 2000). Brodin has made no showing that he is
entitled to relief under the 28 U.S.C. § 2255 savings clause.
See Henderson v. Haro, 282 F.3d 862, 863 (5th Cir. 2002).
This appeal is without arguable merit and is frivolous. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is DISMISSED. See 5TH CIR. R. 42.2.
APPEAL DISMISSED.