Andrew Nichols v. Warden, FCI Beaumont Low, No. 16-41237 (5th Cir. 2017)

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Case: 16-41237 Document: 00514101990 Page: 1 Date Filed: 08/03/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-41237 Summary Calendar United States Court of Appeals Fifth Circuit FILED August 3, 2017 Lyle W. Cayce Clerk ANDREW PHILLIPS NICHOLS, Petitioner–Appellant, v. WARDEN, FCI BEAUMONT LOW, Respondent–Appellee. Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:16-CV-165 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * Andrew Phillips Nichols, federal prisoner # 07945-010, was convicted of producing visual depictions of child pornography, in violation of 18 U.S.C. § 2251(a) and (e), and was sentenced to 210 months of imprisonment and a lifetime of supervised release. He appeals the dismissal of his 28 U.S.C. § 2241 petition in which he argued that he is actually innocent of the offense of conviction. His conclusional argument that the savings clause of 28 U.S.C. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-41237 Document: 00514101990 Page: 2 Date Filed: 08/03/2017 No. 16-41237 § 2255(e) is unconstitutionally vague fails to show that the district court erred in dismissing his § 2241 petition. See Pack v. Yusuff, 218 F.3d 448, 451-52 (5th Cir. 2000). The judgment of the district court is AFFIRMED. 2

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