Cipriano v. Miles

U.S. Court of Appeals for the Fifth Circuit

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. § 2241

petition, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. § 2241

petition 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. § 2241

petition is AFFIRMED.

Reference

Status
Unpublished