Ruiz v. USA

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 23, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-50272
Conference Calendar
JOSE RICARDO RUIZ,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:04-CV-1074
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Jose Ricardo Ruiz, federal prisoner # 12399-080, appeals the
district court’s dismissal of his 28 U.S.C. § 2241 petition
challenging his guilty-plea conviction for escape from the
custody of a federal prison camp. See 18 U.S.C. § 751(a); United
States v. Ruiz, 180 F.3d 675, 676 (5th Cir. 1999). He argues
that he is entitled to pursue habeas relief under the “savings
clause” of 28 U.S.C. § 2255. Ruiz has not made the requisite
showing to qualify for the “savings clause” of § 2255. His

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No. 05-50272
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challenge to the sentencing court’s application of the Guidelines
is not based on a retroactively applicable Supreme Court decision
which establishes that the offense no longer qualifies as a
violation of law. See Reyes-Requena v. United States, 243 F.3d
893, 904 (5th Cir. 2001). Accordingly, the district court’s
dismissal of his § 2241 petition is affirmed.
Ruiz’s motion for appointment of counsel is denied.
AFFIRMED; MOTION DENIED.

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