Rodriguez v. Joslin ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 14, 2005
Charles R. Fulbruge III
Clerk
No. 05-10335
Conference Calendar
RIGOBERTO RODRIGUEZ,
Petitioner-Appellant,
versus
DAN JOSLIN,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:04-CV-2202-G
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Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
Rigoberto Rodriguez, federal prisoner # 30916-077, appeals
the denial of his 28 U.S.C. § 2241 petition. He argues that his
sentence is invalid in light of Blakely v. Washington, 542 U.S.
296 (2004), and United States v. Booker, 125 S. Ct. 738 (2005).
Rodriguez’s argument is directed toward a sentencing error; such
an argument may not be brought under 28 U.S.C. § 2241. See
Padilla v. United States, 416 F.3d 424, 425-26 (5th Cir. 2005).
Rodriguez’s argument that he is entitled to proceed under 28
U.S.C. § 2241 based on the savings clause of 28 U.S.C. § 2255*
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this opinion should not be published and is not precedent except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. 05-10335
-2-
because relief under that section is “inadequate or ineffective”
is unavailing. See id. at 427 (holding that a claim under Booker
does not fit within the savings clause of 28 U.S.C. § 2255). The
judgment of the district court is AFFIRMED.