IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40519
Conference Calendar
DANIEL IFY IWEGBU,
Petitioner-Appellant,
versus
JONATHON DOBRE, Warden,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:02-CV-95
--------------------
October 30, 2002
Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Daniel Ify Iwegbu, federal prisoner #22600-077, has appealed
the district court’s judgment dismissing his petition for a writ
of habeas corpus under 28 U.S.C. § 2241. Iwegbu contends that
the district court erred in finding that he did not meet the
actual innocence prong of the test set forth in Reyes-Requena v.
United States, 243 F.3d 893, 904 (5th Cir. 2001). He maintains
*
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that this opinion should not be published and is not precedent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. 02-40519
-2-
that, under the “savings clause” of 28 U.S.C. § 2255, he should
be permitted to pursue relief under 28 U.S.C. § 2241.
Iwegbu has failed to establish that he was convicted of a
non-existent offense. He has thus failed to meet the first prong
of the two-prong test set forth in Reyes-Requena. See 243 F.3d
at 904. This appeal is without arguable merit and is DISMISSED
as frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); 5TH CIR. R. 42.2.
Iwegbu is cautioned that should he, or any counsel on his
behalf, file any further frivolous pleadings relating to his
heroin conspiracy conviction, in this court or any court subject
to the jurisdiction of this court, he shall be subject to
sanctions. To avoid sanctions for any matter that may be
pending, Iwegbu shall review all pending matters and move to
voluntarily dismiss any that are frivolous.
APPEAL DISMISSED. SANCTION WARNING ISSUED.