United States v. Williams

U.S. Court of Appeals for the Fifth Circuit

United States v. Williams

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50520

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SCOTT WILLIAMS,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-97-CA-081 - - - - - - - - - - February 4, 1998 Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Scott Williams has applied to this court for a certificate

of appealability relative to the district court’s denial of

28 U.S.C. § 2255

relief from his sentence for conspiring to

distribute methamphetamine. The application is DENIED.

Williams’s contentions that he is entitled to relief on

authority of

18 U.S.C. § 3582

(c)(2) or

28 U.S.C. § 1651

(a), the

All Writs Act, have no merit. Therefore, the district court’s

denial of relief on these claims is AFFIRMED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-50520 -2-

The court will not consider, on the merits, Williams’s

contention that he is entitled to

28 U.S.C. § 2241

habeas corpus

relief because the § 2255 remedy is inadequate and ineffective.

Williams presents this claim for the first time on appeal, and he

has not attempted to show that plain error was implicated. See

United States v. Calverley,

37 F.3d 160, 162-164

(5th Cir. 1994)

(en banc).

Reference

Status
Unpublished