Alex Glover, Jr. v. Rebecca Tamez, No. 11-10060 (5th Cir. 2011)
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Case: 11-10060 Document: 00511491261 Page: 1 Date Filed: 05/27/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-10060 Summary Calendar May 27, 2011 Lyle W. Cayce Clerk ALEX SONNI GLOVER, JR., Petitioner-Appellant v. REBECCA TAMEZ, Respondent-Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 4:10-CV-964 Before DAVIS, SMITH and SOUTHWICK, Circuit Judges. PER CURIAM:* Alex Sonni Glover, Jr., appeals the dismissal of a 28 U.S.C. § 2241 petition challenging his 180-month sentence for being a felon in possession of a firearm. Glover argued that he was actually innocent of his sentence under the Armed Career Criminal Act because his prior Nevada conviction for larceny from a person was not a violent felony in light of Johnson v. United States, 130 S. Ct. 1265 (2010). His § 2241 petition also challenged the denial of his 28 U.S.C. § 2255 motion. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 11-10060 Document: 00511491261 Page: 2 Date Filed: 05/27/2011 No. 11-10060 As a general rule, a federal prisoner who seeks to collaterally challenge the legality of his conviction or sentence must file a § 2255 motion. Padilla v. United States, 416 F.3d 424, 426-27 (5th Cir. 2005). Such claims may be raised in a § 2241 petition under the savings clause of § 2255(e) only if the prisoner shows that the § 2255 remedy is inadequate or ineffective to test the legality of his detention. § 2255(e). Glover has not made such a showing, as he has not established that his claims are based on a retroactively applicable Supreme Court decision establishing that he was convicted of a nonexistent offense. Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001). Moreover, a claim of actual innocence of a career offender enhancement is not a claim of actual innocence of the crime of conviction and, thus, not the type of claim that warrants review under § 2241. Kinder v. Purdy, 222 F.3d 209, 21314 (5th Cir. 2000); see also Padilla, 416 F.3d at 426-27. Finally, any challenge to the denial of Glover s § 2255 motion must be raised in the Tenth Circuit, the court of appeals for the circuit in which his § 2255 proceeding was held. See 28 U.S.C. § 2253(a). Glover has not shown that he is entitled to proceed under § 2241 based on the savings clause of § 2255(e). The judgment of the district court is AFFIRMED. 2
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