United States v. Bell

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-30733 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL BELL, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 93-CR-30033-2 -------------------- February 21, 2002 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Michael Bell, federal prisoner #23819-044, appeals the district court’s dismissal of his 28 U.S.C. § 1651 petition. “The All Writs Act [28 U.S.C. § 1651(a)] is a residual source of authority to issue writs that are not otherwise covered by statute. Where a statute specifically addresses the particular issue at hand, it is that authority, and not the All Writs Act, that is controlling.” Carlisle v. United States, 517 U.S. 416, 429 (1996) (internal citation and quotation omitted). The proper vehicle for attacking errors that occurred during or before * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-30733 -2- sentencing is a 28 U.S.C. § 2255 motion. See Reyes-Requena v. United States, 243 F.3d 893, 901 (5th Cir. 2001). Bell is attacking the validity of his conviction and is currently still incarcerated; therefore 28 U.S.C. § 1651 is not controlling. The decision of the district court is AFFIRMED.