United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 28, 2006
Charles R. Fulbruge III
Clerk
No. 05-10926
Conference Calendar
HAROLD E. WHITMORE,
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. 3:05-CV-839
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Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Harold E. Whitmore, federal prisoner # 24891-077, was
convicted in 1994 of drug-trafficking offenses and money
laundering, for which he received concurrent 240-month prison
terms. He appeals the district court’s dismissal of his
28 U.S.C. § 2241 habeas corpus petition, arguing that his
sentence was illegal because it was based on facts not submitted
to the jury and proved beyond a reasonable doubt, in violation of
Apprendi v. New Jersey, 530 U.S. 466 (2000). Whitmore argues
*
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this opinion should not be published and is not precedent except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. 05-10926
-2-
that his claims should be allowed to proceed under the savings
clause of 28 U.S.C. § 2255. Whitmore’s argument is unavailing
in light of this court’s decision in Padilla v. United States,
416 F.3d 424, 426-27 (5th Cir. 2005).
AFFIRMED.