Cipriano v. Miles
Cipriano v. Miles
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 02-41171 Conference Calendar
THOMAS CIPRIANO,
Petitioner-Appellant,
versus
R. MILES, Warden,
Respondent-Appellee.
-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:02-CV-501 -------------------- February 19, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
In 1992, Thomas Cipriano, federal prisoner # 23148-034, was
convicted by a jury of conspiracy to possess with intent to
distribute and attempt to possess with intent to distribute
cocaine and was sentenced to life imprisonment. The district
court dismissed his
28 U.S.C. § 2241petition, determining that
Cipriano had not satisfied the criteria to support his claims
under the savings clause of
28 U.S.C. § 2255.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-41171 -2-
Cipriano’s brief does not address the district court’s
conclusion that he did not meet the criteria for raising his
claims in this
28 U.S.C. § 2241petition pursuant to the savings
clause of
28 U.S.C. § 2255. Thus, he has abandoned the only
issue on appeal by failing to brief it. Brinkmann v. Dallas
County Deputy Sheriff Abner,
813 F.2d 744, 748(5th Cir. 1987).
The district court’s dismissal of Cipriano’s
28 U.S.C. § 2241petition is AFFIRMED.
Reference
- Status
- Unpublished