Skyers 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this opinion should not be published and is not precedent except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 19, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-10205
Conference Calendar
DESMOND SAMUEL SKYERS,
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-803
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Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Desmond Samuel Skyers, federal prisoner # 29301-037, appeals
the dismissal of his 28 U.S.C. § 2241 petition challenging his
cocaine-trafficking convictions and his 360-month sentence.
Skyers was convicted in the Eastern District of North Carolina.
In the § 2241 petition, filed in the Northern District of
Texas, Skyers challenged his sentence under United States v.
Booker, 543 U.S. 220 (2005), and related cases. The district
court concluded that Skyers was directly contesting the
imposition of his sentence, a challenge that may be brought only

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No. 06-10205
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under 28 U.S.C. § 2255 and only in the district in which Skyers
was sentenced. See Lee v. Wetzel, 244 F.3d 370, 373-74 & n.3
(5th Cir. 2001). Observing that any § 2255 motion would be
barred by the one-year limitations provision and would be
dismissed as successive, the district court dismissed Skyers’s
petition.
On appeal, Skyers has failed to address the legal basis on
which the district court dismissed his habeas petition. This is
the same as if he had failed to appeal the judgment. See
Matchett v. Dretke, 380 F.3d 844, 848 (5th Cir. 2004). In any
event, the district court lacked authority to consider Skyers’s
petition under § 2241 because Skyers was not attacking the manner
in which his sentence was executed. See Padilla v. United
States, 416 F.3d 424, 425-26 (5th Cir. 2005).
AFFIRMED.

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