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Fillingham v. USA, 16-40317 (5th Cir. 08/11/2017)

Fillingham originally pled guilty in 1984 to importing 7,000 pounds of marijuana. In the subsequent 25 years, he committed a series of other violations. During one of his periods of parole, Fillingham was convicted in the United Kingdom of smuggling 396 kilograms of cocaine. His parole was revoked, he was denied credit for time spent on parole, and the original sentence was reinstated. Fillingham filed a petition in the district court, challenging his original criminal conviction, his parole revocation and the calculation of his sentence. The district court denied Fillingham's petition. The court affirmed. It agreed that Fillingham's claims for ineffective assistance of counsel and violation of the Ex Post Facto clause were not properly exhausted. The court next agreed that the commission was not barred from revoking Fillingham's parole and reinstating his original sentence, and that the commission could consider Fillingham's interim United Kingdom conviction in its decision. Finally, the court rejected Fillingham's new claims, about the denial of a FOIA complaint and the denial of a motion for reduction of sentence, because they were raised for the first time on appeal. Fillingham v. U.S., Fifth Circuit, No. 16-40317, 8/11/17.

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Appeal from the United States District Court for the Eastern District of Texas

Before JOLLY, ELROD, Circuit Judges, and STARRETT, District Judge.[0]

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