United States v. Rainwater

* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-10181
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DERRICK DAMON RAINWATER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:94-CR-42-1-D
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Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Derrick Damon Rainwater, federal prisoner # 25805-077,
appeals the denial of his motion to dismiss the indictment,
construed as a 28 U.S.C. § 2241 petition. Rainwater, however,
has failed to brief the district court’s determination that
his failure to show the 28 U.S.C. § 2255 remedy inadequate or
ineffective precluded him from proceeding pursuant to § 2241;
therefore, he has waived review of that issue and has not shown
United States Court of Appeals
Fifth Circuit
F I L E D
June 23, 2004
Charles R. Fulbruge III
Clerk

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No. 04-10181
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an entitlement to relief. See Yohey v. Collins, 985 F.2d 222,
224-25 (5th Cir. 1993).
AFFIRMED.

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