John v. Jeter

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 11, 2006
Charles R. Fulbruge III
Clerk
No. 05-10526
Conference Calendar
LENNIE JOHN,
Petitioner-Appellant,
versus
COLE JETER, Warden, Federal Medical Center Fort Worth,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CV-822
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Lennie John, federal prisoner No. 05055-088, appeals the
district court’s dismissal of a 28 U.S.C. § 2241 habeas petition
challenging his conviction and sentence for distribution of
cocaine base. John challenges the constitutionality of his
sentence in light of United States v. Booker, 543 U.S. 220 (2005)
and United States v. Blakely, 542 U.S. 296 (2004).
John alleges errors that occurred at sentencing, which may
not be asserted in a § 2241 petition unless they arise under the
savings clause of 28 U.S.C. § 2255. See Padilla v. United
*
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this opinion should not be published and is not precedent except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. 05-10526
-2-
States, 416 F.3d 424, 426-27 (5th Cir. 2005). As John has failed
to show that he is entitled to proceed under the § 2255 savings
clause, see id., the district court did not err by dismissing
John’s § 2241 petition for lack of jurisdiction. Christopher v.
Miles, 342 F.3d 378, 385 (5th Cir. 2003).
AFFIRMED.