Arvizo-Pena v. Medellin

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 21, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10533
Conference Calendar
EPITACIO ARVIZO-PENA,
Petitioner-Appellant,
versus
ANTONIO MEDELLIN,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:05-CV-33
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Epitacio Arvizo-Pena, federal inmate # 11624-051, filed a
petition under 28 U.S.C. § 2241 challenging his 2002 conviction
and sentence for illegal reentry following deportation. He
contends that his sentence is illegal in light of United States
v. Booker, 543 U.S. 220 (2005). Arvizo-Pena’s Booker claim was
not properly brought under 28 U.S.C. § 2241. See Padilla v.
United States, 416 F.3d 424, 426-27 (5th Cir. 2005).

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No. 05-10533
-2-
Arvizo-Pena has waived appeal of any ineffective-assistance
claims by failing to brief them here. See Yohey v. Collins, 985
F.2d 222, 225 (5th Cir. 1993).
The judgment of the district court is AFFIRMED.

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