United States v. Lowder

* 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that this opinion should not be published and is not precedent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
February 18, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10619
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PAUL Z. LOWDER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:96-CR-70-1-G
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Paul Z. Lowder, federal prisoner # 29028-077, appeals the
district court’s denial of his petition invoking 28 U.S.C.
§ 2241. Because Lowder’s 28 U.S.C. § 2241 petition challenged
the legality of his conviction, Lowder had to show that 28 U.S.C.
§ 2255 provided him with an inadequate or ineffective remedy.
See Pack v. Yusuff, 218 F.3d 448, 452 (5th Cir. 2000).
Lowder fails to identify any authority demonstrating that he
was convicted of a non-existent offense for purposes of

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No. 03-10619
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satisfying the savings clause provisions of 28 U.S.C. § 2255.
See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir.
2001). Rather, Lowder’s claim of “actual innocence” is based on
the argument that his conviction was obtained pursuant to a
faulty indictment. Because Lowder fails to demonstrate that
relief pursuant to 28 U.S.C. § 2255 is inadequate or ineffective,
the district court’s judgment is AFFIRMED.

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