Legal Opinion

Wesson v. U.S. Penitentiary Beaumont

Court of Appeals for the Fifth Circuit

Decided September 5, 2002No. 01-41000PublishedCited by 96 opinions

1Per curiam

Thomas Wesson appeals from the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C. § 2241. Based on our conclusion that Wesson’s § 2241 petition must be treated as a petition under § 2255, and that Wesson cannot show that he is entitled to bring the petition under the savings clause of § 2255, we affirm.

I

Thomas Wesson was convicted after a jury trial of, among other offenses, conspiracy to possess and to possess with intent to distribute controlled substances in violation of 21 U.S.C. § 846 (count 1), engaging in a continuing criminal enterprise (CCE) in…

2Cases cited19 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. CottonSupreme Court of the United States · 2002
  3. Davis v. United StatesSupreme Court of the United States · 1974
  4. Richardson v. United StatesSupreme Court of the United States · 1999
  5. Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001

14 more not listed; retrieve them via the Exa API.

3Cited by96 opinions

  1. Padilla v. United StatesCourt of Appeals for the Fifth Circuit · 2005
  2. Benjamin Barry Kramer v. Keith E. Olson, Warden, United States Penitentiary, Terre Haute, IndianaCourt of Appeals for the Seventh Circuit · 2003
  3. Christopher v. MilesCourt of Appeals for the Fifth Circuit · 2003
  4. Melvin Poindexter v. John Nash, WardenCourt of Appeals for the Second Circuit · 2003
  5. Garland v. RoyCourt of Appeals for the Fifth Circuit · 2010

91 more not listed; retrieve them via the Exa API.

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