Case: 13-10254 Document: 00512373145 Page: 1 Date Filed: 09/13/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 13, 2013
No. 13-10254
Summary Calendar Lyle W. Cayce
Clerk
EDWARD SANCHEZ,
Petitioner-Appellant
v.
WARDEN RANDALL CHANDLER,
Respondent-Appellee
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:13-CV-11
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Edward Sanchez, federal prisoner # 35757-044, appeals
from the dismissal without prejudice of his 28 U.S.C. § 2241 petition challenging
his conviction and sentence for possessing with intent to distribute
methamphetamine. We review the dismissal de novo. Pack v. Yusuff, 218 F.3d
448, 451 (5th Cir. 2000).
As Sanchez seeks to challenge the validity of his conviction and sentence
rather than the manner in which his sentence has been executed, his petition
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 13-10254 Document: 00512373145 Page: 2 Date Filed: 09/13/2013
No. 13-10254
properly arises under 28 U.S.C. § 2255. Id. at 451-52. A section 2255 motion
must be brought by the movant in the court that sentenced him. § 2255(a); Ojo
v. I.N.S., 106 F.3d 680, 683 (5th Cir. 1997). As the district court did not impose
the sentence at issue, it did not err by dismissing the petition without prejudice
rather than construing it as a § 2255 motion. See Ojo, 106 F.3d at 683.
AFFIRMED.
2