Lindsey 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this opinion should not be published and is not precedent except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
June 21, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10365
Conference Calendar
HENRY JEN LINDSEY,
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. 4:04-CV-652
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Henry Jen Lindsey, federal prisoner # 08239-002, appeals the
dismissal of his 28 U.S.C. § 2241 petition. He argues that his
sentence is invalid in light of United States v. Booker, 543 U.S.
220 (2005). Lindsey’s argument is directed toward a sentencing
error; such an argument may not be brought under § 2241. See
Padilla v. United States, 416 F.3d 424, 425-26 (5th Cir. 2005).
Lindsey’s argument that he is entitled to proceed under § 2241
based on the savings clause of 28 U.S.C. § 2255 because relief

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No. 05-10365
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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 § 2255). The judgment of the
district court is AFFIRMED.

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