Artiaga v. Joslin

* 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this opinion should not be published and is not precedent except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. 06-10430
Conference Calendar
GARY ARTIAGA,
Petitioner-Appellant,
versus
DAN JOSLIN, Warden, Federal Correctional Institute
Seagoville,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:06-CV-178
--------------------
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Gary Artiaga, federal prisoner # 26304-077, appeals from the
dismissal of his 28 U.S.C. § 2241 petition. Artiaga challenges
his convictions of conspiracy and using a telephone to facilitate
a felony.
Artiaga asserts that his indictment was defective because it
did not allege a specific drug quantity. Artiaga has not shown
that the district court erred in finding that his claim does not
fall under the savings clause of 28 U.S.C. § 2255 and thus may

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No. 06-10430
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not be brought under § 2241. See McGhee v. Hanberry, 604 F.2d 9,
10 (5th Cir. 1979).
AFFIRMED.

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