Miranda v. Van Buren

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 28, 2006

Charles R. Fulbruge III Clerk No. 05-10999 Conference Calendar

ROSALINDA MIRANDA,

Petitioner-Appellant,

versus

GINNY VAN BUREN, Warden, Federal Medical Center, Carswell,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:05-CV-421 --------------------

Before DAVIS, SMITH, and WIENER, Circuit Judges.

PER CURIAM:*

Rosalinda 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 (2005).

Because 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).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-10999 -2-

Moreover, her Booker claim 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.