Dodd 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this opinion should not be published and is not precedent except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. 04-11532
Conference Calendar
ERNEST RAYMOND DODD,
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-896
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Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:*
Ernest Raymond Dodd, federal prisoner # 17742-077, appeals
the denial of his 28 U.S.C. § 2241 petition. He argues that his
sentence is invalid in light of Blakely v. Washington, 124 S. Ct.
2531 (2004), and United States v. Booker, 125 S. Ct. 738 (2005).
Dodd’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). Dodd’s
argument that he is entitled to proceed under 28 U.S.C. § 2241

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No. 04-11532
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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 (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.

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