Testo completo
* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-30997
Conference Calendar
DUNCAN BURTON
Petitioner-Appellant
v.
JOE YOUNG
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:06-CV-890
Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Duncan Burton, federal prisoner # 12339-058, appeals the dismissal of his
28 U.S.C. § 2241 petition for lack of jurisdiction. Burton challenges the sentence
imposed upon his conviction for conspiracy and possession of cocaine with intent
to distribute. He seeks relief pursuant to United States v. Booker, 543 U.S. 220
(2005), and Apprendi v. New Jersey, 530 U.S. 466 (2000). He also seeks an order
United States Court of Appeals
Fifth Circuit
F I L E D
October 24, 2007
Charles R. Fulbruge III
Clerk
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No. 06-30997
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restraining the Bureau of Prisons from transferring him while his claim is
pending, and he moves to expedite his appeal.
Burton’s claim does not fall under the savings clause of 28 U.S.C. § 2255;
thus, he may not pursue relief under § 2241. See Padilla v. United States,
416 F.3d 424, 426-27 (5th Cir. 2005); Reyes-Requena v. United States, 243 F.3d
893, 904 (5th Cir. 2001).
AFFIRMED; MOTIONS DENIED.
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