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. 03-40696
Conference Calendar
PAUL CHRISTOPHER DAVIS,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:03-CV-214
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Paul Christopher Davis, prisoner number 15273-057, was
convicted of one charge of possession of approximately 815 grams
of crack cocaine with intent to distribute and was sentenced to
330 months in prison. Davis filed a purported 28 U.S.C. § 2241
petition to challenge this sentence. The district court
determined that Davis’s purported 28 U.S.C. § 2241 petition was
best classed as a 28 U.S.C. § 2255 motion and dismissed it.
Davis now appeals that dismissal. Given the benefit of liberal
*
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that this opinion should not be published and is not precedent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. 03-40696
-2-
construction, his argument to this court may fairly be construed
as alleging that he is entitled to bring a 28 U.S.C. § 2241
petition under the savings clause of 28 U.S.C. § 2255 because he
is actually innocent of his sentence.
In reviewing the denial of habeas relief, the district
court’s findings of fact are reviewed for clear error and issues
of law are reviewed de novo. Jeffers v. Chandler, 253 F.3d 827,
830 (5th Cir. 2001). Davis has not shown that the district court
erred in construing his pleading as an unauthorized 28 U.S.C.
§ 2255 motion that should be dismissed. Accordingly, the
judgment of the district court is AFFIRMED.