Russell v. Reese , 168 F. App'x 634 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 23, 2006
Charles R. Fulbruge III
Clerk
No. 04-41242
Conference Calendar
ROY LEE RUSSELL,
Petitioner-Appellant,
versus
CONSTANCE REESE,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:04-CV-503-TH-ESH
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Roy Lee Russell, federal prisoner # 21767-009, appeals the
dismissal of his 28 U.S.C. § 2241 petition challenging the 110-
month sentence imposed following his jury trial conviction for
obstruction of justice and perjury. Russell argues that his
sentence was unconstitutional in light of Apprendi v. New Jersey,
530 U.S. 466 (2000) and Blakely v. Washington, 542 U.S. 296(2004) because it was based on drug quantities not determined by
the jury. He contends that he is entitled to seek relief under
§ 2241 because 28 U.S.C. § 2255 offers an inadequate remedy.
*
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this opinion should not be published and is not precedent except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.
No. 04-41242
-2-
Because Russell’s petition challenges errors that occurred
at sentencing, the claim may not be brought in a § 2241 petition.
See Padilla v. United States, 416 F.3d 424, 426-27 (5th Cir.
2005). Russell’s argument that he is entitled to proceed under
§ 2241 based on the savings clause of § 2255 because relief under
that section is “inadequate or ineffective” is unavailing. Id.
at 427. The district court’s judgment is AFFIRMED.