United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 23, 2005
Charles R. Fulbruge III
Clerk
No. 04-10756
Conference Calendar
JAMES EUGENE TAYLOR,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CV-2307-P
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Before BARKSDALE, GARZA, and STEWART, Circuit Judges.
PER CURIAM:*
James Eugene Taylor, federal prisoner # 31419-077, appeals
the district court’s dismissal of his 28 U.S.C. § 2241 petition
challenging his 1998 convictions on multiple money laundering and
fraud counts that resulted in concurrent sentences totaling 121
months of imprisonment. Taylor argues that he is entitled to a
downward departure based on the alleged improper assessment of
criminal history points for a DWI conviction. In support of his
*
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that this opinion should not be published and is not precedent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. 04-10756
-2-
argument, Taylor cites to Dretke v. Haley, 124 S. Ct. 1847, 1853
(2004).
Taylor has not met his burden of showing that he meets the
requirements for filing a 28 U.S.C. § 2241 petition under the
“savings clause” provisions of 28 U.S.C. § 2255. He has neither
pointed to a retroactively applicable Supreme Court decision
which establishes that he may have been imprisoned for conduct
that was not prohibited by law nor shown that his claims were
foreclosed by circuit law at the time of his conviction, appeal,
or first 28 U.S.C. § 2255 motion. See Reyes-Requena v. United
States, 243 F.3d 893, 903-04 (5th Cir. 2001).
AFFIRMED.