Webber v. Jeter

Filing 920070115

Opinion

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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 January 15, 2007 Charles R. Fulbruge III Clerk No. 05-11296 Summary Calendar GEORGE WEBBER, Petitioner-Appellant, versus COLE JETER, Warden, Federal Medical Center, Fort Worth, Respondent-Appellee. -------------------Appeal from the United States District Court for the Northern District of Texas USDC No. 4:05-CV-594 -------------------Before DeMOSS, STEWART, and PRADO, Circuit Judges. PER CURIAM:* George Webber, federal prisoner # 14047-045, appeals the dismissal of his 28 U.S.C. § 2241 petition, in which he challenged his sentence of 192 months of imprisonment for his 2002 conviction for distribution of cocaine base. Webber contends that 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-11296 -2Webber's claims based on alleged errors that occurred at sentencing may not be asserted in this § 2241 petition because they fail to satisfy the requirements of the savings clause in 28 U.S.C. § 2255. The district court properly dismissed Webber's See Padilla v. United § 2241 petition for lack of jurisdiction. States, 416 F.3d 424, 426-27 (5th Cir. 2005). AFFIRMED.

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