IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41008
Conference Calendar
RANDY JOE WHITE,
Petitioner-Appellant,
versus
ERNEST V. CHANDLER,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CV-325
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February 20, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Randy Joe White, federal prisoner # 61041-180, appeals the
denial of his 28 U.S.C. § 2241 petition. He argues that his
sentence was improperly enhanced by his prior burglary conviction
under the Sentencing Guidelines because that conviction was not a
“crime of violence” within the meaning of the Armed Career
Criminals Act. White does not renew his challenge to his
sentence and indictment based on Apprendi v. New Jersey, 530 U.S.
466 (2000), and that claim is waived. See Yohey v. Collins, 985
F.2d 222, 224-25 (5th Cir. 1993).
*
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that this opinion should not be published and is not precedent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.
No. 01-41008
-2-
White’s challenge to the calculation of his sentence under
the guidelines is a nonconstitutional one which could have been
raised on direct appeal and thus could not have been considered
in a § 2255 motion. See United States v. O’Keefe, 169 F.3d 281,
289 (5th Cir. 1999); United States v. Towe, 26 F.3d 614, 616 (5th
Cir. 1994). Because he could not raise it a § 2255 motion, a
fortiori, White is precluded from raising the claim in this
§ 2241 petition. The district court’s dismissal of the petition
is therefore AFFIRMED.