Andrew Nichols v. Warden, FCI Beaumont Low

Filing

UNPUBLISHED OPINION FILED. [16-41237 Affirmed] Judge: EGJ, Judge: PRO, Judge: CH. Mandate pull date is 09/25/2017 [16-41237]

Case: 16-41237

Document: 00514101990

Page: 1

Date Filed: 08/03/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-41237
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
August 3, 2017
Lyle W. Cayce
Clerk

ANDREW PHILLIPS NICHOLS,
Petitioner–Appellant,
v.
WARDEN, FCI BEAUMONT LOW,

Respondent–Appellee.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:16-CV-165
Before JOLLY, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Andrew Phillips Nichols, federal prisoner # 07945-010, was convicted of
producing visual depictions of child pornography, in violation of 18 U.S.C.
§ 2251(a) and (e), and was sentenced to 210 months of imprisonment and a
lifetime of supervised release. He appeals the dismissal of his 28 U.S.C. § 2241
petition in which he argued that he is actually innocent of the offense of
conviction. His conclusional argument that the savings clause of 28 U.S.C.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41237

Document: 00514101990

Page: 2

Date Filed: 08/03/2017

No. 16-41237
§ 2255(e) is unconstitutionally vague fails to show that the district court erred
in dismissing his § 2241 petition. See Pack v. Yusuff, 218 F.3d 448, 451-52 (5th
Cir. 2000).
The judgment of the district court is AFFIRMED.

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