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196 F. App'x 305

Miranda v. Van Buren

U.S. Courts of Appeals

Decided August 28, 2006

U.S. Courts of Appeals · decided 2006-08-28

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on United States v. Booker · Sylvester Tolliver v. Jonathon Dobre · Padilla v. United States

Decided 2006-08-28

PER CURIAM: *

¶1Rosalinda Miranda, federal prisoner # 79975-079, appeals the dismissal of her 28 U.S.C. § 2241 petition, which challenged her 1998 drug conspiracy conviction and sentence. She challenged her conviction and sentence pursuant to United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

¶2Because Miranda challenged errors that occurred at or before sentencing, her claim could not be asserted in a § 2241 petition. See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir.2000). Moreover, her Bookerclaim may not proceed under the savings clause of 28 U.S.C. § 2255. See Padilla v. United States, 416 F.3d 424, 426-27 (5th Cir.2005). Accordingly, the district court’s dismissal of Miranda’s § 2241 petition is AFFIRMED.

¶3Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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