United States v. Bell
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. § 1651petition.
“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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. § 2255motion. 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. § 1651is not controlling.
The decision of the district court is AFFIRMED.
Reference
- Status
- Unpublished