Phillips 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 August 7, 2006
Charles R. Fulbruge III
Clerk
No. 05-10494
Summary Calendar
RANDY PHILLIPS,
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-846
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Before DeMOSS, STEWART and PRADO, Circuit Judges.
PER CURIAM:*
Randy Phillips, federal prisoner # 04954-043, appeals the
dismissal of his 28 U.S.C. § 2241 petition, in which he
challenged his sentence of 151 months of imprisonment for his
1998 conviction of conspiracy to distribute a controlled
substance. Phillips contends his sentence is unconstitutional in
light of United States v. Booker, 543 U.S. 220 (2005), and
Blakely v. Washington, 542 U.S. 296 (2004), because it was based
on facts that were not set forth in his indictment or proven
beyond a reasonable doubt.
*
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this opinion should not be published and is not precedent except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. 05-10494
-2-
Phillips’ claims based on alleged errors that occurred at
sentencing may not be asserted in a § 2241 petition. See Padilla
v. United States, 416 F.3d 424, 425-26 (5th Cir. 2005).
Phillips’ claims based on allegations that he is entitled to
proceed under § 2241 are unavailing. Id. at 426-27.
APPEAL DISMISSED.