United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 28, 2005
Charles R. Fulbruge III
Clerk
No. 04-40922
Summary Calendar
KERRY DEWAYNE LAURY,
Petitioner-Appellant,
versus
R. D. MILES, Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:04-CV-379-TH-WCR
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Kerry Dewayne Laury, federal prisoner # 24149-077, appeals
the district court’s denial of his 28 U.S.C. § 2241 petition. He
argues that the district court erred in its determination that
his § 2241 petition did not warrant application of the § 2255
savings clause. See 28 U.S.C. § 2255. Laury contends that “he
was charged with a crime that was not a crime” and is therefore
innocent of the offense of conviction. See Reyes-Requena v.
United States, 243 F.3d 893, 904 (5th Cir. 2001).
*
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this opinion should not be published and is not precedent except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. 04-40922
-2-
Laury has not carried his burden of demonstrating that
§ 2255 relief would be “inadequate or ineffective.” See
28 U.S.C. § 2255; Jeffers v. Chandler, 253 F.3d 827, 830 (5th
Cir. 2001). Although he cites Bailey v. United States, 516 U.S.
137 (1995), he has not shown that his claim was foreclosed by
circuit law when he filed his first motion pursuant to 28 U.S.C.
§ 2255. See Reyes-Requena, 243 F.3d at 904.
Laury’s motion for leave to file a supplemental exhibit is
DENIED.
Laury’s FED. R. APP. P. 28(j) letter to this court fails to
satisfy the requirements of Rule 28(j) as it does not indicate
how the claim or the cited cases affect or enhance the arguments
set forth in his brief. See FED. R. APP. P. 28(j).
AFFIRMED.