Case: 10-10787 Document: 00511458037 Page: 1 Date Filed: 04/27/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 27, 2011
No. 10-10787
Summary Calendar Lyle W. Cayce
Clerk
BRENDA LEE FORD,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA,
Respondent-Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No.4:10-CV-523
Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Brenda Lee Ford, federal prisoner # 26255-077, currently is serving a
prison sentence for a 1995 conviction for conspiracy to possess with intent to
distribute cocaine and possession with intent to distribute cocaine. Ford filed a
petition under 28 U.S.C. § 2241 arguing that the district court erred in applying
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-10787 Document: 00511458037 Page: 2 Date Filed: 04/27/2011
No. 10-10787
the career offender provisions of the Sentencing Guidelines under the recent
decision in Johnson v. United States, 130 S. Ct. 1265 (2010).1
The district court dismissed Ford’s § 2241 petition because she did not
meet the requirements for proceeding under the savings clause of 28 U.S.C.
§ 2255 as set forth in Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir.
2001). Ford has not shown that the district court erred in its judgment. See
Jeffers v. Chandler, 253 F.3d 827, 830 (5th Cir. 2001).
AFFIRMED.
1
We note that in Johnson, the Supreme Court addressed the definition of “violent
felony” in the Armed Career Criminal Act, § 924(e)(1) and the extent to which a conviction of
battery necessarily constituted “use of physical force” for purposes of that definition.
Critically, Ford’s prior convictions were not deemed “violent felonies” under the Armed Career
Criminal Act. Rather, they were deemed “crimes of violence” under the Guidelines. See
U.S.S.G. § 4B1.1.
2