[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 12-13974

Non-Argument Calendar

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D.C. Docket No. 1:12-cv-00079-WLS-TQL

RICHARD E. TRICE BEY, 

 Petitioner-Appellant,

 versus

WARDEN, FCI BENNETTSVILLE SC,

 Respondent-Appellee. 

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Appeal from the United States District Court

for the Middle District of Georgia

________________________

(March 7, 2013)

Before TJOFLAT, WILSON and ANDERSON, Circuit Judges.

PER CURIAM: 

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On June 9, 1992, Richard E. Trice Bey was convicted under 18 U.S.C. §

922(g)(1), felon in possession of a firearm, and sentenced to prison for a term of 

120 months. After suffering adverse rulings on previous motions for postconviction relief under 28 U.S.C. § 2255, he petitioned the District Court to issue a 

writ of habeas corpus under 28 U.S.C. § 2241. In his petition, he requested the 

vacation of his § 922(g)(1) conviction on the ground that the Supreme Court’s 

decision in Carachuri-Rosendo v. Holder, 560 U.S. __, 130 S.Ct. 2577, 

177 L.Ed.2d 68 (2010), constituted an intervening change in the law that made 

§ 922(g)(1) inapplicable to his case. The District Court denied his petition. He 

appeals the ruling.

Trice Bey raised the same Carachuri-Rosendo argument in an application to 

file a successive § 2255 motion. We denied that application on March 1, 2012, and 

explained that the Supreme Court did not make Carachuri-Rosendo retroactive to 

cases on collateral review. Trice Bey argues that our denial of that application 

makes § 2255 inadequate to test the legality of his detention and thus, under the 

savings clause of 28 U.S.C. § 2255(e), he should be permitted to raise his claim in 

a § 2241 petition. 

Normally, collateral attacks on the validity of a federal conviction or 

sentence must be brought under § 2255. Darby, 405 F.3d at 944; Sawyer v. 

Holder, 326 F.3d 1363,1365 (11th Cir. 2003) Under § 2255, 

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[a] prisoner in custody under sentence of a court established by Act of 

Congress claiming the right to be released upon the ground that the 

sentence was imposed in violation of the Constitution or laws of the 

United States, or that the court was without jurisdiction to impose 

such sentence, or that the sentence was in excess of the maximum 

authorized by law, or is otherwise subject to collateral attack, may 

move the court which imposed the sentence to vacate, set aside or 

correct the sentence. 

28 U.S.C. § 2255(a). However, a provision of § 2255 permits a federal prisoner, 

under limited circumstances, to file a habeas petition pursuant to § 2241. 

Id. § 2255(e). That provision, known as the “savings clause,” provides that: 

An application for a writ of habeas corpus in behalf of a prisoner who 

is authorized to apply for relief by motion pursuant to this section, 

shall not be entertained if it appears that the applicant has failed to 

apply for relief, by motion, to the court which sentenced him, or that 

such court has denied him relief, unless it also appears that the remedy 

by motion is inadequate or ineffective to test the legality of his 

detention.

Id.

“A prisoner in custody pursuant to a federal court judgment may proceed 

under § 2241 only when he raises claims outside the scope of § 2255(a).” 

Antonelli v. Warden, U.S.P. Atlanta, 542 F.3d 1348, 1351 n.1 (11th Cir. 2008). “It 

is well-settled that a § 2255 motion to vacate is a separate and distinct remedy from 

habeas corpus proper.” Id. Thus, “challenges to the execution of a sentence, rather 

than the validity of the sentence itself, are properly brought under § 2241.” Id. at 

1352. 

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When a prisoner has previously filed a § 2255 motion to vacate, he must 

apply for and receive permission from the court of appeals before filing a 

successive § 2255 motion. 28 U.S.C. §§ 2244(b), 2255(h). The statutory bar on 

successive § 2255 motions, standing alone, does not render that section inadequate 

or ineffective within the meaning of § 2255(e)’s savings clause. Gilbert v. United 

States, 640 F.3d 1293, 1308 (11th Cir. 2011) (en banc), cert. denied, 132 S.Ct. 

1001 (2012). Consequently, a petitioner who has filed a § 2255 motion that has 

been denied may not circumvent the restriction on successive § 2255 motions 

simply by filing a petition under § 2241. Antonelli, 542 F.3d at 1351. 

Trice Bey’s claim collaterally attacks the validity of his underlying 

conviction and sentence, and thus falls within the scope of a § 2255 motion. 

Antonelli, 542 F.3d at 1351 n.1, 1352. He asserts that the restriction on successive

§ 2255 motions makes that provision inadequate in his case. But the successive 

application restriction, standing alone, does not render § 2255 ineffective or 

inadequate within the meaning of § 2255(e)’s savings clause. Gilbert, 640 F.3d at 

1308. Accordingly, the district court properly denied Trice Bey’s § 2241 petition. 

AFFIRMED.

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