United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 3, 2003
Charles R. Fulbruge III
Clerk
No. 02-31120
Summary Calendar
BILLY GENE HARRIS,
Petitioner-Appellant,
versus
JOSEPH HARO,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CV-1214
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Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Billy Gene Harris, federal prisoner # 06244-062, appeals the
district court’s dismissal of his 28 U.S.C. § 2241 petition.
Because Harris’ 28 U.S.C. § 2241 petition challenged the legality
of his conviction, Harris had to show that 28 U.S.C. § 2255
provided him with an inadequate or ineffective remedy. Pack v.
Yusuff, 218 F.3d 448, 452 (5th Cir. 2000). “[T]he savings clause
of § 2255 applies to a claim (i) that is based on a retroactively
applicable Supreme Court decision which established that the
*
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that this opinion should not be published and is not precedent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. 02-31120
-2-
petitioner may have been convicted of a nonexistent offense and
(ii) that was 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).
Harris argues that his indictment was defective because he
was charged under the wrong statute as a native American, and
that the district court lacked jurisdiction over his case because
the charged offenses occurred on a fee simple estate rather than
on an Osage Indian allotment. Because Harris fails to identify
any authority demonstrating that he was convicted of a non-
existent offense, his jurisdictional challenges to his conviction
fail to satisfy the first prong of the Reyes-Requena test. The
district court’s dismissal of Harris’ 28 U.S.C. § 2241 petition
is therefore AFFIRMED.