Munoz v. Joslin

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 21, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 06-11322 Conference Calendar

FELICIANO MUNOZ

Petitioner-Appellant

v.

DAN JOSLIN, Warden Federal Correctional Institute

Respondent-Appellee

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:06-CV-400

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:* Feliciano Munoz, federal prisoner # 23556-077, appeals the dismissal of his 28 U.S.C. § 2241 petition for lack of jurisdiction. Munoz challenges his 1993 convictions for violations of 21 U.S.C. §§ 843(b) and 846. Munoz seeks relief pursuant to United States v. Booker, 543 U.S. 220 (2005), Blakely v. Washington, 542 U.S. 296 (2004), and Apprendi v. New Jersey, 530 U.S. 466 (2000). Munoz’s claims do not fall under the savings clause of

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-11322

28 U.S.C. § 2255; thus, he may not pursue relief under § 2241. See Padilla v. United States, 416 F.3d 424, 427 (5th Cir. 2005); Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001). AFFIRMED.