Amanda Darby v. Jody Upton

Filing

UNPUBLISHED OPINION FILED. [16-10623 Affirmed] Judge: TMR, Judge: PRO, Judge: JWE. Mandate pull date is 03/06/2017 [16-10623]

Case: 16-10623

Document: 00513833850

Page: 1

Date Filed: 01/12/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 16-10623
Summary Calendar

FILED
January 12, 2017
Lyle W. Cayce
Clerk

AMANDA KYZER DARBY,
Petitioner–Appellant,
v.
JODY R. UPTON,
Respondent–Appellee.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CV-138
Before REAVLEY, OWEN, and ELROD, Circuit Judges.
PER CURIAM: *

Amanda Kyzer Darby, federal inmate # 54622-018, was sentenced in the
U.S. District Court for the Middle District of Florida to 120 months of
imprisonment following her guilty plea to one count of conspiracy to distribute
50 grams or more of methamphetamine. Her direct appeal was dismissed, and
her first 28 U.S.C. § 2255 motion was denied.

Now incarcerated in the

Southern District of Texas, Darby filed a 28 U.S.C. § 2241 petition, which the

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10623

Document: 00513833850

Page: 2

Date Filed: 01/12/2017

No. 16-10623
district court denied as seeking relief unavailable through such a petition. We
review issues of law de novo and findings of fact for clear error. Wilson v. Roy,
643 F.3d 433, 434 (5th Cir. 2011).
Construing her appellate brief liberally, Darby has failed to identify any
error in the district court’s disposition of her motion. Yohey v. Collins, 985 F.2d
222, 225 (5th Cir. 1993); Brinkmann v. Dallas Cty. Deputy Sheriff Abner, 813
F.2d 744, 748 (5th Cir. 1987).
AFFIRMED.

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