Jones v. Childress

Filing 920060223

Opinion

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. 05-40734 Conference Calendar THOMAS JONES, Petitioner-Appellant, versus UNIDENTIFIED CHILDRESS, Warden, Respondent-Appellee. -------------------Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:05-CV-208 -------------------Before GARZA, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Thomas Jones, a federal prisoner (# 72557-079), appeals the dismissal of his 28 U.S.C. § 2241 habeas petition challenging his 210-month prison sentence imposed following his 1996 guilty-plea conviction of possession of cocaine with intent to distribute. Jones contends that his sentence is unconstitutional in light of United States v. Booker, 543 U.S. 220 (2005), because it was based on facts that were neither determined by a jury nor admitted by him.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-40734 -2Because Jones challenges errors that occurred at sentencing, the claim may not be asserted in a § 2241 petition. See Padilla Insofar

v. United States, 416 F.3d 424, 426-27 (5th Cir. 2005).

as he has suggested that he is entitled to proceed under § 2241 based on the "savings clause" of 28 U.S.C. § 2255, because relief under the latter section is "inadequate or ineffective," such suggestion is unavailing. judgment is AFFIRMED. Id. at 427. The district court's