IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-20208
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS LERMA,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-H-95-4784
- - - - - - - - - -
September 20, 1996
Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Carlos Roberto Lerma, # 5111-079, appeals the district
court’s denial of his petition brought pursuant to 28 U.S.C.
§ 2241 but construed as a motion to vacate, set aside or correct
his sentence pursuant to 28 U.S.C. § 2255. Lerma argues that the
district court erred when it construed his petition as a § 2255
motion. Section 2255, however, is the proper vehicle for Lerma’s
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-20208
- 2 -
claim that his conviction should be reversed because the
Government failed to establish federal jurisdiction to prosecute
him because it did not show that the property on which he
committed his offense was under the exclusive or concurrent
jurisdiction of the United States. See Cox v. Warden, Federal
Detention Center, 911 F.2d 1111, 1113 (5th Cir. 1990). Moreover,
the district court did not abuse its discretion when it dismissed
his motion pursuant to Rule 9(b) of the Rules Governing § 2255
Proceedings inasmuch as Lerma has not shown cause for not raising
his new claim in his prior § 2255 motion. United States v.
Flores, 981 F.2d 231, 234 (5th Cir. 1993). The judgment of the
district court is AFFIRMED. Lerma’s motion to strike the
Government’s brief and to correct the caption of his lawsuit are
DENIED.