Gary Nutall v. Claude Maye, No. 12-50883 (5th Cir. 2013)

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Case: 12-50883 Document: 00512215928 Page: 1 Date Filed: 04/22/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50883 Summary Calendar April 22, 2013 Lyle W. Cayce Clerk GARY NUTALL, Petitioner-Appellant, v. CLAUDE MAYE, Warden, Bastrop Federal Correctional Institution, Bastrop, Texas, Respondent-Appellee. Appeal from the United States District Court for the Western District of Texas USDC No. 1:11-CV-1100 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* Gary Nutall, federal prisoner # 74016-080, appeals the district court s dismissal of his 28 U.S.C. § 2241 habeas corpus petition for failure to satisfy the requirements of the savings clause of 28 U.S.C. § 2255. He seeks to challenge his conviction for using and carrying a firearm during and in relation to a crime of violence, pursuant to 18 U.S.C. § 924(c), on the ground that it cannot be sustained following Bailey v. United States, 516 U.S. 137 (1995). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50883 Document: 00512215928 Page: 2 Date Filed: 04/22/2013 No. 12-50883 The district court correctly determined that Nutall had not made the required showing that the Bailey decision rendered him actually innocent so as to satisfy the savings clause of § 2255 and qualify for relief under § 2241. See Christopher v. Miles, 342 F.3d 378, 382 (5th Cir. 2003); Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001). The district court s judgment is AFFIRMED. Nutall s motion to stay is DENIED. 2

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