Webber v. Jeter

* 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this opinion should not be published and is not precedent except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
January 15, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-11296
Summary Calendar
GEORGE WEBBER,
Petitioner-Appellant,
versus
COLE JETER, Warden, Federal Medical Center, Fort Worth,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:05-CV-594
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Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
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 (2005), and Blakely v. Washington,
542 U.S. 296 (2004), because it was based on facts that were not
set forth in his indictment or proven beyond a reasonable doubt.

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No. 05-11296
-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).
AFFIRMED.

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