IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50545
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GLEN SCHOENING,
Defendant-Appellant.
Appeal from the United States District Court
For the Western District of Texas
(DR-81-CR-19-ALL)
April 22, 1997
Before REYNALDO G. GARZA, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
The district court lacked jurisdiction in this case and should
have dismissed the petition for that reason. The prisoner must
file his § 2241 petition in the jurisdiction in which he is
incarcerated. United States v. Gabor, 905 F.2d 76, 78 (5th Cir.
1990). Petitioner was incarcerated at the Federal Correctional
Institution at Three Rivers in the Southern District of Texas. He
filed his “motion for reconsideration of sentence,” a motion
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
construed to be a petition under 28 U.S.C. § 2241, in the Western
District of Texas. The case is remanded to the district court with
instructions to dismiss the petition for want of jurisdiction.
2