Case: 09-40568 Document: 00511040056 Page: 1 Date Filed: 03/02/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 2, 2010
No. 09-40568
Summary Calendar Charles R. Fulbruge III
Clerk
STANLEY DOUGLAS POWELL,
Petitioner-Appellant
v.
JOHN B FOX,
Respondent-Appellee
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:09-CV-129
Before KING, STEWART and HAYNES, Circuit Judges.
PER CURIAM:*
Stanley Douglas Powell, federal prisoner # 18209-013, is serving a
188-month sentence in Beaumont, Texas, after a jury convicted him of four
counts of possession with intent to distribute crack cocaine. He appeals the
denial of a 28 U.S.C. § 2241 petition asserting that the District of Colorado was
without jurisdiction to convict him, that he is actually innocent, and that he has
been the victim of corruption in the judicial system. Powell previously has filed
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40568 Document: 00511040056 Page: 2 Date Filed: 03/02/2010
No. 09-40568
two motions under 28 U.S.C. § 2255 and one § 2241 petition in the District of
Colorado, along with a § 2241 petition in the Eastern District of Virginia.
The district court correctly determined that Powell’s claims are not
cognizable in a § 2241 petition. Powell may challenge his conviction under
§ 2241 only if he establishes that “the remedy [under § 2255] is inadequate or
ineffective to test the legality of his detention.” § 2255(e); see Jeffers v. Chandler,
253 F.3d 827, 830 (5th Cir. 2001) (citing Reyes-Requena v. United States,
243 F.3d 893, 904 (5th Cir. 2001)). Powell does not rely upon a retroactively
applicable Supreme Court decision that establishes that he is actually innocent.
Thus, he fails to demonstrate that the remedy under § 2255 is inadequate. See
Jeffers, 253 F.3d at 830-31.
We caution Powell that any future frivolous, repetitive, or otherwise
abusive filings may result in the imposition of sanctions, including dismissal,
monetary sanctions, and restrictions on his ability to file pleadings in this court
or any court subject to this court’s jurisdiction. The judgment of the district
court is AFFIRMED, Powell’s motion to expedite the appeal is DENIED, and a
SANCTION WARNING IS ISSUED.
2