Gonzalez 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this opinion should not be published and is not precedent except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. 05-50616
Conference Calendar
JOEL GONZALEZ,
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. 1:05-CV-68
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Joel Gonzalez, federal prisoner # 63438-079, appeals the
denial of his 28 U.S.C. § 2241 petition. He argues that his
sentence is invalid in light of United States v. Booker, 543 U.S.
220 (2005). Gonzalez’s argument is directed toward a sentencing
error; such an argument may not be brought under § 2241. See
Padilla v. United States, 416 F.3d 424, 425-26 (5th Cir. 2005).
Gonzalez’s argument that he is entitled to proceed under § 2241
based on the savings clause of 28 U.S.C. § 2255 because relief
under that section is “inadequate or ineffective” is unavailing.

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No. 05-50616
-2-
See id. at 427 (holding that a claim under Booker does not fit
within the savings clause of § 2255). The judgment of the
district court is AFFIRMED.

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