United States v. Rainwater , 101 F. App'x 492 ( 2004 )


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  •                                                         United States Court of Appeals
    Fifth Circuit
    FILED
    IN THE UNITED STATES COURT OF APPEALS        June 23, 2004
    FOR THE FIFTH CIRCUIT
    Charles R. Fulbruge III
    Clerk
    No. 04-10181
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    DERRICK DAMON RAINWATER,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:94-CR-42-1-D
    --------------------
    Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
    PER CURIAM:*
    Derrick Damon Rainwater, federal prisoner # 25805-077,
    appeals the denial of his motion to dismiss the indictment,
    construed as a 
    28 U.S.C. § 2241
     petition.     Rainwater, however,
    has failed to brief the district court’s determination that
    his failure to show the 
    28 U.S.C. § 2255
     remedy inadequate or
    ineffective precluded him from proceeding pursuant to § 2241;
    therefore, he has waived review of that issue and has not shown
    *
    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    this opinion should not be published and is not precedent except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. 04-10181
    -2-
    an entitlement to relief.   See Yohey v. Collins, 
    985 F.2d 222
    ,
    224-25 (5th Cir. 1993).
    AFFIRMED.
    

Document Info

Docket Number: 04-10181

Citation Numbers: 101 F. App'x 492

Judges: Barksdale, Clement, DeMOSS, Per Curiam

Filed Date: 6/24/2004

Precedential Status: Non-Precedential

Modified Date: 8/1/2023