United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 16, 2005
Charles R. Fulbruge III
Clerk
No. 04-11454
Conference Calendar
JAMES EUGENE TAYLOR,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA; K. J. WENDT, Warden,
Respondents-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:04-CV-1865-P
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
James Eugene Taylor, federal prisoner # 31419-077, appeals
the denial of his 28 U.S.C. § 2241 petition, in which he alleged
that the Government had failed to disclose exculpatory evidence
in securing his conviction in the Northern District of Texas.
Taylor argues that the district court erred in denying his
petition. In an appeal from the denial of habeas relief, this
court reviews the district court’s findings of fact for clear
*
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this opinion should not be published and is not precedent except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. 04-11454
-2-
error and issues of law de novo. Jeffers v. Chandler, 253 F.3d
827, 830 (5th Cir. 2001).
A petition filed under 28 U.S.C. § 2241 which attacks errors
that occurred at trial or sentencing should be dismissed or
construed as a motion under 28 U.S.C. § 2255. Id.; Pack v.
Yusuff, 218 F.3d 448, 452 (5th Cir. 2000). Taylor’s 28 U.S.C.
§ 2241 petition challenged his conviction, rather than attacking
the manner in which his sentence was being executed. Taylor has
not shown that the remedy provided under 28 U.S.C. § 2255 is
inadequate or ineffective to test the legality of his detention.
See Reyes-Requena v. United States, 243 F.3d 893, 901 (5th Cir.
2001). Further, the district court lacked jurisdiction to
construe Taylor’s petition as a successive motion under 28 U.S.C.
§ 2255. See Hooker v. Sivley, 187 F.3d 680, 681-82 (5th Cir.
1999). The district court’s judgment denying Taylor’s petition
is AFFIRMED.