Samak v. FCI Coleman Medium Warden, No. 13-12161 (11th Cir. 2014)Annotate this Case
Petitioner was convicted of conspiracy to violate the Organized Crime Control Act of 1970 (OCCA) in violation of 18 U.S.C. 371 and one count of violating the OCCA through destruction by fire in violation of 18 U.S.C. 844(i). On appeal, petitioner challenged pro se the district court's dismissal for lack of jurisdiction his 28 U.S.C. 2241 habeas corpus petition challenging his convictions and total sentence of life imprisonment. The court concluded that petitioner provided no argument as to why either of his claims satisfied the savings clause. Because binding Fifth Circuit precedent at the time of his sentencing actually supported his claim that he should not have been sentenced to life imprisonment, petitioner cannot show that, at the time of his sentence or any other relevant time, circuit precedent squarely foreclosed his claim. Likewise, petitioner's ineffective assistance of counsel claim related to counsel's advice as to a guilty plea failed. Accordingly, the court affirmed the judgment of the district court.