United States v. Bell

U.S. Court of Appeals for the Fifth Circuit

United States v. Bell

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-30733 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MICHAEL BELL,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 93-CR-30033-2 -------------------- February 21, 2002

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Michael Bell, federal prisoner #23819-044, appeals the

district court’s dismissal of his

28 U.S.C. § 1651

petition.

“The All Writs Act [

28 U.S.C. § 1651

(a)] is a residual source of

authority to issue writs that are not otherwise covered by

statute. Where a statute specifically addresses the particular

issue at hand, it is that authority, and not the All Writs Act,

that is controlling.” Carlisle v. United States,

517 U.S. 416, 429

(1996) (internal citation and quotation omitted). The proper

vehicle for attacking errors that occurred during or before

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-30733 -2-

sentencing is a

28 U.S.C. § 2255

motion. See Reyes-Requena v.

United States,

243 F.3d 893, 901

(5th Cir. 2001). Bell is

attacking the validity of his conviction and is currently still

incarcerated; therefore

28 U.S.C. § 1651

is not controlling.

The decision of the district court is AFFIRMED.

Reference

Status
Unpublished