Russell v. Reese , 168 F. App'x 634 ( 2006 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                  February 23, 2006
    Charles R. Fulbruge III
    Clerk
    No. 04-41242
    Conference Calendar
    ROY LEE RUSSELL,
    Petitioner-Appellant,
    versus
    CONSTANCE REESE,
    Respondent-Appellee.
    --------------------
    Appeal from the United States District Court
    for the Eastern District of Texas
    USDC No. 1:04-CV-503-TH-ESH
    --------------------
    Before GARZA, DENNIS, and PRADO, Circuit Judges.
    PER CURIAM:*
    Roy Lee Russell, federal prisoner # 21767-009, appeals the
    dismissal of his 
    28 U.S.C. § 2241
     petition challenging the 110-
    month sentence imposed following his jury trial conviction for
    obstruction of justice and perjury.    Russell argues that his
    sentence was unconstitutional in light of Apprendi v. New Jersey,
    
    530 U.S. 466
     (2000) and Blakely v. Washington, 
    542 U.S. 296
    (2004) because it was based on drug quantities not determined by
    the jury.   He contends that he is entitled to seek relief under
    § 2241 because 
    28 U.S.C. § 2255
     offers an inadequate remedy.
    *
    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    this opinion should not be published and is not precedent except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.
    No. 04-41242
    -2-
    Because Russell’s petition challenges errors that occurred
    at sentencing, the claim may not be brought in a § 2241 petition.
    See Padilla v. United States, 
    416 F.3d 424
    , 426-27 (5th Cir.
    2005).    Russell’s argument that he is entitled to proceed under
    § 2241 based on the savings clause of § 2255 because relief under
    that section is “inadequate or ineffective” is unavailing.     Id.
    at 427.    The district court’s judgment is AFFIRMED.
    

Document Info

Docket Number: 04-41242

Citation Numbers: 168 F. App'x 634

Judges: Garza, Dennis, Prado

Filed Date: 2/23/2006

Precedential Status: Non-Precedential

Modified Date: 11/5/2024