William Abbott v. United States

Case: 16-41168 Document: 00514042626 Page: 1 Date Filed: 06/21/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals

No. 16-41168
Fifth Circuit

FILED
Summary Calendar June 21, 2017
Lyle W. Cayce
WILLIAM R. ABBOTT, Clerk

Petitioner-Appellant

UNITED STATES OF AMERICA,

Respondent-Appellee

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:15-CV-35

Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
William Russell Abbott, federal prisoner # 57819-083, was convicted in
2008 in the Eastern District of Virginia of attempting to entice a minor to
engage in illegal sexual acts for which a person could be charged with a
criminal offense and of transporting child pornography. Abbott filed the
instant motion challenging the legality of his criminal conviction and sentence.
The pleading was construed by the district court as a petition for a writ of

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 16-41168 Document: 00514042626 Page: 2 Date Filed: 06/21/2017

No. 16-41168

habeas corpus under 28 U.S.C. § 2241. It was dismissed because Abbott had
not shown that he may proceed under the Savings Clause of 28 U.S.C. § 2255.
Abbott contends that he was convicted of a nonexistent offense and is
innocent because the offense did not involve a minor victim. He complains also
that an interstate nexus was not established. Because these claims are not
based on a retroactively applicable Supreme Court decision, Abbott has not
satisfied the standard for filing a § 2241 petition under the Savings Clause of
§ 2255. See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001).
The judgment is AFFIRMED. Abbott’s motion for extraordinary relief and for
sanctions is DENIED.