Fountain v. Jeter ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 21, 2006
Charles R. Fulbruge III
Clerk
No. 05-10727
Conference Calendar
FRANK FOUNTAIN, JR.,
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. 4:04-CV-909
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Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Frank Fountain, Jr., federal prisoner # 97040-079, appeals
the district court’s dismissal of his 28 U.S.C. § 2241 habeas
petition, which followed his convictions and sentences for wire
fraud, mail fraud, and concealing assets. Fountain challenged
the constitutionality of his convictions and sentences in light
of United States v. Booker, 543 U.S. 220 (2005), and Blakely v.
Washington, 542 U.S. 296 (2004).
*
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this opinion should not be published and is not precedent except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. 05-10727
-2-
The errors asserted by Fountain 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. See
Padilla v. United States, 416 F.3d 424, 426-27 (5th Cir. 2005).
Accordingly, the district court’s judgment is AFFIRMED.