Alanis v. Morris , 195 F. App'x 282 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 28, 2006
Charles R. Fulbruge III
Clerk
No. 05-41625
Conference Calendar
ANTONIO ALANIS,
Petitioner-Appellant,
versus
STEVEN MORRIS, Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:05-CV-430
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Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Antonio Alanis, Jr., federal prisoner # 06193-027, appeals
the district court’s denial of his 28 U.S.C. § 2241 habeas
petition, which followed his conviction and sentence for
conspiracy to distribute cocaine, possession with intent to
distribute cocaine and marijuana, and unlawful transportation of
a firearm after a felony conviction. Alanis challenged the
constitutionality of his conviction and sentence in light of
*
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this opinion should not be published and is not precedent except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. 05-41625
-2-
United States v. Booker, 543 U.S. 220 (2005), and Blakely v.
Washington, 542 U.S. 296 (2004).
The errors asserted by Alanis may not be raised in a § 2241
petition unless they arise under the savings clause of 28 U.S.C.
§ 2255. We have held that claims based on Booker and Blakely do
not fall under the savings clause of § 2255. Padilla v. United
States, 416 F.3d 424, 426-27 (5th Cir. 2005).
Alternatively, Alanis seeks authorization to file a
successive § 2555 motion. Alanis’s motion incorporated in his
brief is denied. See In re Elwood, 408 F.3d 211, 213 (5th Cir.
2005).
Alanis’s challenge to the requirements of § 2241 and § 2255
under the Suspension Clause has been rejected by this court. See
Reyes-Requena v. United States, 243 F.3d 893, 901 n.19 (5th Cir.
2001).
Accordingly, the district court’s judgment is AFFIRMED.
Alanis’s request for authorization to file a successive § 2255
motion is DENIED.