Yepes v. Miles

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 21, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-40796
Conference Calendar
JOSE YEPES,
Petitioner-Appellant,
versus
R.D. MILES, Warden,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:03-CV-273
--------------------
Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Jose Yepes, federal prisoner # 99485-012, appeals the
district court’s denial of his 28 U.S.C. § 2241 petition.
Yepes is currently serving a life sentence for conspiracy to
possess cocaine with intent to distribute. Yepes argues that
the district court erred in denying his 28 U.S.C. § 2241 petition
because he is innocent of his offense.
Yepes has not met his burden of showing that he meets the
requirements for filing a 28 U.S.C. § 2241 petition under the

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No. 03-40796
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“savings clause” of 28 U.S.C. § 2255. He has neither pointed to
a retroactively applicable Supreme Court decision which
establishes that he may have been imprisoned for conduct that was
not prohibited by law nor shown how his claim was foreclosed by
circuit law at the time of his guilty-plea conviction, appeal, or
first 28 U.S.C. § 2255 motion. See Reyes-Requena v. United
States, 243 F.3d 893, 904 (5th Cir. 2001). Accordingly, the
judgment of the district court is AFFIRMED.

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