Badio v. USA

* 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that this opinion should not be published and is not precedent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
July 10, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10082
Summary Calendar
BEN N. BADIO,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:02-CV-2332
--------------------
Before JOLLY, HIGGINBOTHAM and DAVIS, Circuit Judges.
PER CURIAM:*
Ben N. Badio, federal prisoner number 28747-077, appeals
from the dismissal of his 28 U.S.C. § 2241 petition in which he
challenged his 1996 guilty-plea conviction for making a false
claim against a United States federal agency in violation of 18
U.S.C. § 287. Because Badio challenged errors that allegedly
occurred at his sentencing, the district court construed his

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No. 03-10082
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petition as an unauthorized successive 28 U.S.C. § 2255 motion
and dismissed it.
Afforded liberal construction, Badio argues on appeal that
he is entitled to application of the "savings clause" of 28
U.S.C. § 2255. However, Badio has failed to show that the
remedies provided for under 28 U.S.C. § 2255 are inadequate or
ineffective to test the legality of his detention. See
Reyes-Requena v. United States, 243 F.3d 893, 901 (5th Cir.
2001).
Accordingly, the district court's judgment is AFFIRMED.

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