Summary
The Fifth Circuit affirmed the denial of Amanda Kyzer Darby's 28 U.S.C. § 2241 petition. The court held that, construing her appellate brief liberally, Darby failed to identify any error in the district court's determination that the requested relief was unavailable through a § 2241 petition.
Topics
Practice areas
Questions Presented
- Whether the district court erred in denying Darby's 28 U.S.C. § 2241 petition as seeking relief unavailable through a § 2241 petition.
- Whether Darby identified reversible error in the district court's disposition.
Holdings
- The district court's disposition was affirmed because, even construing Darby's pro se appellate brief liberally, she failed to identify any error in the denial of her petition.
- The Fifth Circuit reviews issues of law de novo and findings of fact for clear error.
Key quotations
“Construing her appellate brief liberally, Darby has failed to identify any error in the district court’s disposition of her motion.” (Page 2)
Factual background
Amanda Kyzer Darby, a federal inmate, was serving a 120-month sentence imposed by the Middle District of Florida after her guilty plea to conspiracy to distribute 50 grams or more of methamphetamine. Her direct appeal was dismissed, and her first § 2255 motion was denied. While incarcerated in the Southern District of Texas, she filed a § 2241 petition, which the Northern District of Texas denied as seeking relief unavailable through that procedural vehicle.
Procedural history
Darby was sentenced in the Middle District of Florida after pleading guilty to conspiracy to distribute at least 50 grams of methamphetamine. Her direct appeal was dismissed and her first 28 U.S.C. § 2255 motion was denied. While incarcerated in the Southern District of Texas, she filed a § 2241 petition in the Northern District of Texas; that court denied the petition on the ground that the requested relief was unavailable through a § 2241 petition. The Fifth Circuit affirmed.