Shawn Doby, Sr. v. USA


UNPUBLISHED OPINION FILED.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

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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