Zenon 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that this opinion should not be published and is not precedent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. 01-41318
Conference Calendar
CHARLES R. ZENON,
Petitioner-Appellant,
versus
ERNEST V. CHANDLER, Warden,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CV-404
--------------------
June 18, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Charles R. Zenon, federal inmate # 08072-035, appeals the
denial of his 28 U.S.C. § 2241 petition. He argues that he was
convicted of a nonexistent offense when he was sentenced twice
for the use of a firearm during a single drug trafficking crime.
He argues that his only remedy is to bring a 28 U.S.C. § 2241
petition under the savings clause of 28 U.S.C. § 2255.
Zenon has not shown that the district court erred in
dismissing his petition as he has not shown that his claim
establishes that he may have been convicted of a nonexistent

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No. 01-41318
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offense. See Reyes-Requena v. United States, 243 F.3d 893, 904
(5th Cir. 2001); United States v. Privette, 947 F.2d 1259, 1262-
63 (5th Cir. 1991). Therefore, he has not shown that his claim
falls within the savings clause of 28 U.S.C. § 2255. Further, a
prior unsuccessful 28 U.S.C. § 2255 motion or the inability to
meet the requirements for filing a second or successive 28 U.S.C.
§ 2255 motion does not make 28 U.S.C. § 2255 inadequate or
ineffective. See Tolliver v. Dobre, 211 F.3d 876, 878 (5th Cir.
2000).
AFFIRMED.

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