Rodriguez v. Joslin

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 14, 2005

Charles R. Fulbruge III Clerk No. 05-10335 Conference Calendar

RIGOBERTO RODRIGUEZ,

Petitioner-Appellant,

versus

DAN JOSLIN, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:04-CV-2202-G --------------------

Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

PER CURIAM:*

Rigoberto Rodriguez, federal prisoner # 30916-077, appeals

the denial of his 28 U.S.C. § 2241 petition. He argues that his

sentence is invalid in light of Blakely v. Washington, 542 U.S.

296 (2004), and United States v. Booker, 125 S. Ct. 738 (2005).

Rodriguez’s argument is directed toward a sentencing error; such

an argument may not be brought under 28 U.S.C. § 2241. See

Padilla v. United States, 416 F.3d 424, 425-26 (5th Cir. 2005).

Rodriguez’s argument that he is entitled to proceed under 28

U.S.C. § 2241 based on the savings clause of 28 U.S.C. § 2255

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-10335 -2-

because relief under that section is “inadequate or ineffective”

is unavailing. See id. at 427 (holding that a claim under Booker

does not fit within the savings clause of 28 U.S.C. § 2255). The

judgment of the district court is AFFIRMED.