IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41494
Summary Calendar
ENRIQUE RAMIREZ, JR.,
Petitioner-Appellant,
versus
ERNEST V. CHANDLER, Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
(1:01-CV-541)
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May 1, 2002
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Petitioner-Appellant Enrique Ramirez, Jr., federal prisoner #
53450-146, contends that the Parole Commission’s (the Commission)
execution of his sentence violates his constitutional rights
because he was illegally charged in five different indictments for
drug transactions that were part of a single drug conspiracy. He
also contends that he illegally received consecutive sentences for
one offense.
Although Ramirez insists that he is challenging the manner in
which his sentence is being executed, he is actually seeking to
*
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this opinion should not be published and is not precedent except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.
have his convictions vacated based on the preparation of allegedly
constitutionally defective indictments and prosecutorial
misconduct. As Ramirez is clearly challenging the validity of his
conviction, the proper procedural vehicle for pursuing his claims
is 28 U.S.C. § 2255. As Ramirez acknowledges, however, he has
unsuccessfully filed a § 2255 motion before, and he has also been
denied authorization to file such a motion successively.
Even though a remedy under § 2255 appears to be unavailable to
Ramirez at this time, he still has failed to demonstrate that his
§ 2255 remedy was ineffective or inadequate when it was available.
See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir.
2001). Thus, he is not entitled to pursue relief pursuant to 28
U.S.C. § 2241 either. See Pack v. Yusuff, 218 F.3d 448, 452 (5th
Cir. 2000); Reyes-Requena, 243 F.3d at 901-02.
AFFIRMED.
2