Hines v. Luna , 260 F. App'x 664 ( 2007 )


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  •           IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT United States Court of Appeals
    Fifth Circuit
    FILED
    December 21, 2007
    No. 07-50436
    Summary Calendar               Charles R. Fulbruge III
    Clerk
    JERALD LEE HINES,
    Petitioner-Appellant,
    v.
    R.T. LUNA, Warden,
    Respondent-Appellee.
    Appeal from the United States District Court
    for the Western District of Texas
    No. 1:07-CV-71
    Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.
    PER CURIAM:*
    Jerald Hines, federal prisoner # 48922-080, was convicted of being a felon
    in possession of a firearm. He filed a 
    28 U.S.C. § 2241
     petition challenging the
    *
    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    should not be published and is not precedent except under the limited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. 07-50436
    sentence credit he was given for time served in state prison and the validity of
    his guilty plea and conviction. The district court rejected Hines’s sentence-credit
    argument, and it found that his remaining claims were not cognizable under
    § 2241 and should have been brought under 
    28 U.S.C. § 2255
    .
    Hines has abandoned his sentence-credit argument by failing to renew it
    on appeal. See Yohey v. Collins, 
    985 F.2d 222
    , 225 (5th Cir. 1993). He has not
    shown that the district court erred in determining that his claims challenging
    his guilty plea and conviction were best construed as § 2255 claims. See Tolliver
    v. Dobre, 
    211 F.3d 876
    , 877 (5th Cir. 2000); Cox v. Warden, Fed. Detention Ctr.,
    
    911 F.2d 1111
    , 1113 (5th Cir. 1990). Hines likewise has not shown that he
    should be permitted to proceed under the savings clause of § 2255. See Reyes-
    Requena v. United States, 
    243 F.3d 893
    , 904, 906 n.34 (5th Cir. 2001). The
    judgment is AFFIRMED.
    2
    

Document Info

Docket Number: 07-50436

Citation Numbers: 260 F. App'x 664

Judges: Barksdale, Per Curiam, Reavley, Smith

Filed Date: 12/21/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023