Shawn Doby, Sr. v. USA

Filing

UNPUBLISHED OPINION FILED. [14-31045 Affirmed ] Judge: WED , Judge: EBC , Judge: GJC Mandate pull date is 05/14/2015 [14-31045]

Case: 14-31045

Document: 00512978328

Page: 1

Date Filed: 03/23/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-31045
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
March 23, 2015
Lyle W. Cayce
Clerk

SHAWN BENARD DOBY, SR.,
Petitioner-Appellant
v.
UNITED STATES OF AMERICA,
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:14-CV-1000
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *

Shawn Benard Doby, Sr., federal prisoner # 28280-018, appeals the
dismissal of his 28 U.S.C. § 2241 petition wherein he challenged his conviction
for conspiracy to possess with the intent to distribute crack cocaine and
distribution of crack cocaine. He argues that he meets the requirements of the
savings clause of 28 U.S.C. § 2255(e) because Alleyne v. United States, 133 S.
Ct. 2151 (2013), sets forth a new rule of constitutional law that is retroactively

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-31045

Document: 00512978328

Page: 2

Date Filed: 03/23/2015

No. 14-31045
applicable to his case. He further contends that his Due Process rights are
violated because he cannot raise this claim in a § 2255 motion. Because these
issues are raised for the first time on appeal, we will not consider them. See
Wilson v. Roy, 643 F.3d 433, 435 n.1 (5th Cir. 2011). In any case, they are
without merit. See Reyes-Requena v. United States, 243 F.3d 893, 900-01 (5th
Cir. 2001); Pack v. Yusuff, 218 F.3d 448, 452-53 (5th Cir. 2001); Graham v.
Johnson, 168 F.3d 762, 787-88 (5th Cir. 1999).
Doby has not adequately briefed any challenge to the dismissal of claims
raised in the district court challenging the validity of his indictment, the jury
instructions, and the effective assistance of trial counsel. Accordingly, he has
abandoned those issues. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.
1993).
Accordingly, the judgment of the district court is AFFIRMED.

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