United States v. Lowder
United States v. Lowder
Opinion
Paul Z. Lowder, federal prisoner #29028-077, appeals the district court’s denial of his petition invoking 28 U.S.C. § 2241. Because Lowder’s 28 U.S.C. § 2241 petition challenged the legality of his conviction, Lowder had to show that 28 U.S.C. § 2255 provided him with an inadequate or ineffective remedy. See Pack v. Yusuff, 218 F.3d 448, 452 (5th Cir. 2000).
Lowder fails to identify any authority demonstrating that he was convicted of a non-existent offense for purposes of satisfying the savings clause provisions of 28 U.S.C. § 2255. See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001). Rather, Lowder’s claim of “actual innocence” is based on the argument that his conviction was obtained pursuant to a faulty indictment. Because Lowder fails to demonstrate that relief pursuant to 28 U.S.C. § 2255 is inadequate or ineffective, the district court’s judgment 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Paul Z. LOWDER, Defendant-Appellant
- Status
- Unpublished