Soriano v. United States ( 2001 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 01-60136
    Summary Calendar
    CRUZ MIGUEL SORIANO,
    Petitioner-Appellant,
    versus
    UNITED STATES OF AMERICA,
    Respondent-Appellee.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Southern District of Mississippi
    USDC No. 5:00-CV-296-BrS
    - - - - - - - - - -
    October 18, 2001
    Before REAVLEY, DAVIS and EMILIO M. GARZA, Circuit Judges.
    PER CURIAM:*
    Cruz Miguel Soriano, federal prisoner #09283-069, appeals
    from the dismissal with prejudice of his petition seeking relief
    under 
    28 U.S.C. § 2241
    .   The district court held, because Soriano
    was challenging errors that were alleged to have occurred during
    his criminal proceedings, his claims must be raised in a motion
    filed pursuant to 
    28 U.S.C. § 2255
     and that the district court
    therefore lacked jurisdiction to consider such claims.   Soriano
    argues on appeal that he is entitled to application of the
    “savings clause” of § 2255 because his claims are based upon 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    that this opinion should not be published and is not precedent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. 01-60136
    -2-
    Supreme Court’s holding in Apprendi v. New Jersey, 
    530 U.S. 466
    (2000).
    Soriano has failed to show that the remedies provided for
    under 
    28 U.S.C. § 2255
     are inadequate or ineffective to test the
    legality of his detention.    See Reyes-Requena v. United States,
    
    243 F.3d 893
    , 901 (5th Cir. 2001).    Accordingly, the district
    court’s judgment is AFFIRMED.
    

Document Info

Docket Number: 01-60136

Filed Date: 10/19/2001

Precedential Status: Non-Precedential

Modified Date: 4/17/2021