Case: 11-60474 Document: 00511768417 Page: 1 Date Filed: 02/27/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 27, 2012
No. 11-60474
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
CHRISTOPHER L. JOHNSON,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:02-CR-57-1
Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges.
PER CURIAM:*
Following his conviction for one charge of possessing between five and 50
grams of cocaine base with intent to distribute, Christopher L. Johnson, prisoner
# 07372-043, was sentenced to serve 188 months in prison and a five-year term
of supervised release. Johnson filed a motion requesting a nunc pro tunc
judgment that is best construed as arising under 28 U.S.C. § 2241 because it
raised a claim seeking credit towards Johnson’s federal sentence for time
previously spent in state custody. See United States v. Brown, 753 F.2d 455, 456
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-60474 Document: 00511768417 Page: 2 Date Filed: 02/27/2012
No. 11-60474
(5th Cir. 1985). The district court denied Johnson’s motion, and he now moves
this court for authorization to proceed in forma pauperis (IFP) on appeal.
Our review of the record and pertinent authority shows that the district
court, which sentenced Johnson, lacked jurisdiction over Johnson’s § 2241
petition because this petition should have been filed in the district where he was
incarcerated. See Pack v. Yusuff, 218 F.3d 448, 451 (5th Cir. 2000).
Consequently, the district court should have dismissed Johnson’s § 2241 petition
for want of jurisdiction. Johnson’s motion to proceed IFP on appeal is DENIED,
and his appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2.
2