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Burton v. Joslin

United States Court of Appeals, Fifth Circuit
Feb 13, 2007
217 F. App'x 382 (5th Cir. 2007)

Opinion

No. 06-10195 Conference Calendar.

February 13, 2007.

Bobby Joe Burton, Jr., Seagoville, TX, pro se.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 3:05-CV-1445.

Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.


Bobby Joe Burton, Jr., federal prisoner # 75272-079, appeals the dismissal of his 28 U.S.C. § 2241 petition. Burton challenged the life sentence he received after he pleaded guilty to conspiracy to manufacture crack cocaine and possession of crack cocaine with intent to distribute. Burton argues that his challenge to his sentence falls under the savings clause of 28 U.S.C. § 2255.

Burton's challenge to his sentence is based on United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). A claim reiving on Booker does not meet the requirements of § 2255's savings clause. See Padilla v. United States, 416 F.3d 424, 427 (5th Cir. 2005). Accordingly, the district court did not err in dismissing Burton's § 2241 petition.

AFFIRMED.


Summaries of

Burton v. Joslin

United States Court of Appeals, Fifth Circuit
Feb 13, 2007
217 F. App'x 382 (5th Cir. 2007)
Case details for

Burton v. Joslin

Case Details

Full title:Bobby Joe BURTON, Jr., Petitioner-Appellant, v. Dan JOSLIN…

Court:United States Court of Appeals, Fifth Circuit

Date published: Feb 13, 2007

Citations

217 F. App'x 382 (5th Cir. 2007)