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Williamson v. Driver

United States Court of Appeals, Fifth Circuit
Jul 16, 2010
386 F. App'x 491 (5th Cir. 2010)

Summary

holding that § 2241 was not the proper vehicle for claims regarding federal pretrial detention

Summary of this case from Sharp v. United States

Opinion

No. 10-20085 Summary Calendar.

July 16, 2010.

Jeff H. Williamson, Houston, TX, pro se.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:09-CV-4030.

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.


On December 16, 2009, Jeff H. Williamson filed a pretrial 28 U.S.C. § 2241 petition in the district court. At that time, Williamson was in detention awaiting trial on federal criminal charges, for which he was subsequently convicted. In the petition, Williamson challenged the validity of the criminal proceedings by arguing that the district court had erred in denying of his motion to dismiss the indictment due to the denial of his right to a speedy trial. The district court dismissed the section 2241 petition. Williamson appeals that dismissal.

In Fassler v. United States, 858 F.2d 1016 (5th Cir. 1988), the court addressed the denial of a pretrial habeas corpus petition seeking release from pretrial detention and raising several substantive claims challenging the petitioner's subsequent conviction. The court held that the habeas petitioner's request for release from confinement was mooted by his conviction and subsequent legal detention. Id. at 1017-18. With respect to the claims that attacked the validity of the conviction, the court held that the pretrial habeas petition was not the vehicle for such claims. Id. at 1019. Accordingly, Williamson has not demonstrated that the district court erred in dismissing his Section 2241 petition.

The judgment of the district court is AFFIRMED. Williamson's motion to file a supplemental brief is GRANTED. Williamson's motion to expedite his appeal is DENIED.


Summaries of

Williamson v. Driver

United States Court of Appeals, Fifth Circuit
Jul 16, 2010
386 F. App'x 491 (5th Cir. 2010)

holding that § 2241 was not the proper vehicle for claims regarding federal pretrial detention

Summary of this case from Sharp v. United States

In Williamson v. Driver, 386 F. App'x 491 (5th Cir. 2010), for example, the Fifth Circuit affirmed the district court's dismissal of a petition in which a federal detainee sought release on grounds that the trial court erred in denying his motion to dismiss the indictment "due to the denial of his right to a speedy trial."

Summary of this case from Jackson v. Johnson
Case details for

Williamson v. Driver

Case Details

Full title:Jeff H. WILLIAMSON, Petitioner-Appellant v. Warden Joe D. DRIVER, Warden…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 16, 2010

Citations

386 F. App'x 491 (5th Cir. 2010)

Citing Cases

United States v. Clark

A petition for a writ of habeas corpus under 28 U.S.C. § 2241 is not the appropriate vehicle to challenge an…

Sharp v. United States

The Fifth Circuit has reaffirmed this ruling in more recent cases. See, e.g., Williamson v. Driver, 386 F.…