IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-60832
Summary Calendar
CHARLIE F. WOFFORD,
Plaintiff-Appellant,
versus
KHURSHID YUSUFF,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:01-CV-191-BrS
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May 28, 2002
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Charlie Wofford, federal prisoner # 82504-010, appeals the
district court’s dismissal of his 28 U.S.C. § 2241 petition. He
argues that he satisfied the requirements of 28 U.S.C. § 2255's
savings clause and that the district court erred in not reviewing
his petition.
In order for a prisoner to raise 28 U.S.C. § 2255 claims in
a 28 U.S.C. § 2241 petition, he must satisfy the requirements of
*
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that this opinion should not be published and is not precedent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. 01-60832
-2-
the savings clause and show both 1) that his claim is “based on a
retroactively applicable Supreme Court decision which establishes
that the petitioner may have been convicted of a nonexistent
offense” and 2) that the claim would have been “foreclosed by
circuit law at the time when the claim should have been raised in
the petitioner's trial, appeal, or first § 2255 motion.”
Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir.
2001). Wofford, whose reasons for raising his sentencing issues
in the instant 28 U.S.C. § 2241 petition are that his attorneys
were ineffective and that his claims have been denied by the
Georgia district court and the Eleventh Circuit, has not met this
requirement.
The district court’s dismissal of his 28 U.S.C. § 2241
petition is AFFIRMED. His motions to remand the case, to stay
his appeal until ruling on his motion to remand, and to expedite
his appeal are DENIED.