McNeil-Bey v. Chandler

* 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that this opinion should not be published and is not precedent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. 01-41508
Conference Calendar
GERALD TIMOTHY McNEIL-BEY,
Petitioner-Appellant,
versus
ERNEST CHANDLER, Warden, United States Penitentiary Beaumont,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CV-215
--------------------
February 19, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Gerald Timothy McNeil-Bey, federal prisoner #70984-079,
appeals from the dismissal of his 28 U.S.C. § 2241 habeas corpus
petition. McNeil-Bey contends that the time-bar provision of
28 U.S.C. § 2255 is unfair and effectively bars prisoners from
seeking 28 U.S.C. § 2255 relief. McNeil-Bey suggests that the
time-bar provision renders 28 U.S.C. § 2255 inadequate, allowing
him to seek relief under 28 U.S.C. § 2241. McNeil-Bey argues
that he could not be convicted of conspiracy because his alleged

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No. 01-41508
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coconspirator was acquitted; that he received ineffective
assistance of counsel because the elements of his offenses were
not explained to him; that there was no factual basis for his
guilty plea because he denied that there was any conspiracy and
denied knowledge about the firearm involved in the offense; and
that he could not be convicted of conspiracy merely because he
was present at the scene of a crime.
McNeil-Bey does not rely on any retroactively applicable
Supreme Court decisions indicating that he may have been
convicted of a nonexistent offense, as is required to proceed
under 28 U.S.C. § 2241 by Reyes-Requena v. United States,
243 F.3d 893, 904 (5th Cir. 2001). He has not shown that the
district court erred by dismissing his habeas corpus petition.
AFFIRMED.

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