Case: 18-30700 Document: 00514956778 Page: 1 Date Filed: 05/14/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-30700
FILED
May 14, 2019
Summary Calendar
Lyle W. Cayce
Clerk
WILLIAM R. ABBOTT,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA,
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:18-CV-394
Before STEWART, Chief Judge, and GRAVES and DUNCAN, Circuit Judges.
PER CURIAM: *
William R. Abbott, federal prisoner # 57819-083, pleaded guilty of
attempting to entice minors to engage in illegal sexual acts and of transporting
child pornography. He has appealed the district court’s judgment dismissing
without prejudice his petition for a writ of habeas corpus under 28 U.S.C.
§ 2241, in which he asserted that he is actually innocent.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-30700 Document: 00514956778 Page: 2 Date Filed: 05/14/2019
No. 18-30700
Under the Savings Clause of 28 U.S.C. § 2255, a § 2241 petition that
attacks custody resulting from a federally imposed sentence may be
entertained if the petitioner shows that the remedy provided under § 2255 is
inadequate or ineffective to test the legality of his detention. Jeffers v.
Chandler, 253 F.3d 827, 830 (5th Cir. 2001); see also § 2255(e). Abbott has
failed to make the required showing that his contentions are based on a
retroactively applicable Supreme Court decision, which establishes that he
may have been convicted of a nonexistent offense and were foreclosed by circuit
law at the time when the claims should have been raised in his trial, appeal,
or first § 2255 motion. See Reyes-Requena v. United States, 243 F.3d 893, 904
(5th Cir. 2001); see also Jeffers, 253 F.3d at 830-31. The appeal is DISMISSED
AS FRIVOLOUS. See 5TH CIR. R. 42.2.
Abbott is WARNED that any future frivolous, repetitive, or otherwise
abusive filings will invite the imposition of sanctions, which may include
dismissal, monetary sanctions, and restrictions on his ability to file pleadings
in this court and any court subject to this court’s jurisdiction. Abbott should
review any pending appeals and actions and move to dismiss any that are
frivolous, repetitive, or otherwise abusive.
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