Ekwerekwu v. Jeter

* 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this opinion should not be published and is not precedent except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
December 14, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-11372
Conference Calendar
EJOOR PATRICK EKWEREKWU,
Petitioner-Appellant,
versus
L.E. FLEMING, 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-780-A
--------------------
Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
Ejoor Patrick Ekwerekwu, federal prisoner # 24828-077,
appeals the dismissal of his 28 U.S.C. § 2241 habeas petition
challenging the 295-month sentence imposed following his jury
trial conviction for conspiracy to import heroin. Ekwerekwu
argues that his sentence was unconstitutional in light of
Blakely v. Washington, 124 S. Ct. 2531 (2004) and United States
v. Booker, 125 S. Ct. 738 (2005) because it was based on drug
quantities not determined by the jury. He contends that he is

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No. 04-11372
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entitled to seek relief under 28 U.S.C. § 2241 because 28 U.S.C.
§ 2255 offers an inadequate remedy.
Because Ekwerekwu challenges errors that occurred at
sentencing, the claim may not be asserted in a 28 U.S.C.
§ 2241 petition. See Padilla v. United States, 416 F.3d 424,
426-27 (5th Cir. 2005). Ekwerekwu’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 because relief under that section is “inadequate
or ineffective” is unavailing. Id. at 427. The district court’s
judgment is AFFIRMED.

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