Opinion
No. 07-41023 Conference Calendar.
June 19, 2008.
Victor C. Fourstar, Jr., Oklahoma City, OK, pro se.
Appeal from the United States District Court for the Eastern District of Texas, USDC No. 1:07-CV-11.
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
Victor C. Fourstar, Jr., federal prisoner #07418-046, appeals the district court's dismissal of his 28 U.S.C. § 2241 petition challenging the 188-month sentence he received following his 2002 conviction for aggravated sexual abuse, in violation of 18 U.S.C. § 2241. He renews his claim that his sentence was improperly enhanced by his 1992 Montana guilty-plea conviction for sexual intercourse without consent. He also argues, for the first time, that counsel was ineffective in failing to challenge that conviction at the federal sentencing hearing. This new argument will not be considered. See Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
Even if his brief, is liberally construed, Fourstar makes no argument that the district court erred in determining that he did not meet the criteria for raising his claims in this § 2241 petition pursuant to the savings clause of 28 U.S.C. § 2255(e). He has thus abandoned the only issue on appeal by failing to brief it. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993).
The appeal is without arguable merit, see Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983), and is dismissed as frivolous. See 5TH CIR. R. 42.2.
APPEAL DISMISSED.