United States District Court, W.D. Louisiana, Alexandria Division
ERIC L. JACKSON, Petitioner
CALVIN JOHNSON, Respondent
DRELL MAGISTRATE JUDGE
REPORT AND RECOMMENDATION
H.L. PEREZ-MONTES UNITED STATES MAGISTRATE JUDGE
the Court is a petition for writ of habeas corpus (28 U.S.C.
§ 2241) filed by pro se Petitioner Eric L. Jackson.
(“Jackson”) (#03936-087). Jackson is an inmate in
the custody of the Federal Bureau of Prisons, incarcerated at
the United States Penitentiary in Pollock, Louisiana. Jackson
challenges his sentence imposed in the United States District
Court for the Northern District of West Virginia.
Jackson cannot meet the requirements of the savings clause of
28 U.S.C. § 2255, his petition should be dismissed.
a jury trial, Jackson was convicted of one count of
conspiracy to possess with intent to distribute more than
fifty grams of cocaine base in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(A)(iii), 846 (2000); one count
of distribution of cocaine base within 1000 feet of a school
in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C),
860; one count of possession with intent to distribute more
than five grams of cocaine base within 1000 feet of a school
in violation of 21 U.S.C. §§ 841(a)(1),
(b)(1)(B)(iii), 860; and one count of possession with intent
to distribute cocaine within 1000 feet of a school in
violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C),
860. United States v. Jackson, 63 Fed.Appx. 149 (4th
Cir. 2003). Jackson was sentenced to 360 months in prison.
to his petition, Jackson did not appeal or file a motion
under 28 U.S.C. § 2255. (Doc. 1, p. 4-5). However, court
records and published jurisprudence indicate otherwise.
Jackson's conviction and sentence were affirmed on direct
appeal. Id., cert. denied, Jackson v.
United States, 540 U.S. 934 (2003).
filed a motion to vacate, set aside, or correct sentence
under § 2255, which was denied. Jackson v. United
States, 5:04-cv-113, 2007 WL 1726442 (N.D. W.Va. June
12, 2007). The United States Fourth Circuit Court of Appeals
denied Jackson's motion for certificate of appealability.
United States v. Jackson, 286 Fed.Appx. 49 (4th Cir.
filed a motion to reduce sentence pursuant to 18 U.S.C.
§ 3582(c)(2). The motion was denied because the new
sentencing guidelines had no effect on Jackson's base
offense level under the drug quantity table. (5:01-cr-004,
N.D. W.Va., Doc. 158). The Fourth Circuit affirmed the
ruling. (5:01-cr-004, N.D. W.Va., Doc. 167). Jackson filed
three additional letters/motions in the district court
seeking a reduction of his sentence, which were denied on the
same grounds as the original motion. (5:01-cr-004, N.D.
W.Va., Doc. 182).
filed another motion to vacate under § 2255, alleging
that he was entitled to resentencing under Johnson v.
United States, 135 S.Ct. 2551 (2015). The motion was
denied because Jackson was not sentenced as a career offender
or an Armed Career Criminal, so Johnson was
inapplicable. (5:01-cr-004, N.D. W.Va., Doc. 211).
Law and Analysis
Jackson cannot meet the requirements of the savings
seeks to proceed under the savings clause of § 2255(e),
which provides a limited exception to the rule that a §
2241 petition may not be used to challenge the validity of a
federal sentence and conviction. See Pack v. Yusuff,
218 F.3d 448, 452 (5th Cir. 2000). The savings clause allows
a prisoner to rely on § 2241 if the remedy available
under § 2255 would be “inadequate or ineffective
to test the legality of his detention.” 28 U.S.C.
§ 2255(e). The burden of affirmatively proving that the
§ 2255 remedy is inadequate rests with the petitioner.
See McGhee v. Hanberry, 604 F.2d 9, 10 (5th Cir.
Fifth Circuit has identified the limited circumstances under
which the savings clause of § 2255 applies. A petitioner
must demonstrate that: (1) his claims are based on a
retroactively applicable Supreme Court decision, which
establishes that he may have been convicted of a nonexistent
offense; and (2) his claims were foreclosed by circuit law at
the time when the claims should have been ...