United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 17, 2004
Charles R. Fulbruge III
Clerk
No. 03-30903
Conference Calendar
AUTRY LEE JONES,
Petitioner-Appellant,
versus
ROBERT M. TAPIA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 03-CV-969
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Autry Lee Jones, federal prisoner # 52873-080, appeals the
district court’s denial of his 28 U.S.C. § 2241 petition.
Because Jones’s 28 U.S.C. § 2241 petition challenged the legality
of his conviction, Jones had to show that 28 U.S.C. § 2255
provided him with an inadequate or ineffective remedy. See Pack
v. Yusuff, 218 F.3d 448, 452 (5th Cir. 2000).
Jones argues that: (1) he has been denied his First
Amendment right to petition the courts; (2) his counsel was
*
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that this opinion should not be published and is not precedent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. 03-30903
-2-
ineffective; and (3) he is actually innocent. Jones has not
shown that any of his claims meet the requirements of the Savings
Clause as he has not shown that his claims are based on a
retroactively applicable Supreme Court decision which establishes
that he may have been convicted of a nonexistent offense and that
was foreclosed by circuit law at the time when the claim should
have been raised in his trial, appeal, or first 28 U.S.C. § 2255
motion. See Reyes-Requena v. United States, 243 F.3d 893, 904
(5th Cir. 2001). Because Jones fails to demonstrate that relief
pursuant to 28 U.S.C. § 2255 is inadequate or ineffective, the
district court’s judgment is AFFIRMED. Jones’s motion for oral
argument is DENIED.