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216 F. App'x 398

Webber v. Jeter

U.S. Courts of Appeals

Decided January 15, 2007

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U.S. Courts of Appeals · decided 2007-01-15

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 · Blakely v. Washington · Padilla v. United States

Decided 2007-01-15

PER CURIAM: *

¶1 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, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), because it was based on facts that were not set forth in his indictment or proven beyond a reasonable doubt.

¶2 Webber’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 § 2241 petition for lack of jurisdiction. See Padilla v. United States, 416 F.3d 424, 426-27 (5th Cir.2005).

¶3 AFFIRMED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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