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. 05-11039
Conference Calendar
RONNIE GLENN TRIPLETT,
Petitioner-Appellant,
versus
DAN JOSLIN, Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CV-1403
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Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Ronnie Glenn Triplett, federal prisoner # 15692-064, appeals
the district court’s dismissal of his 28 U.S.C. § 2241 habeas
petition for want of jurisdiction. Triplett pleaded guilty in
the Western District of Oklahoma to two counts of distribution of
methamphetamine and one count of being a felon in possession of a
firearm and ammunition. His § 2241 petition challenged the
constitutionality of his sentence in light of United States v.
Booker, 543 U.S. 220 (2005).
*
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this opinion should not be published and is not precedent except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. 05-11039
-2-
The errors asserted by Triplett may not be raised in a
§ 2241 petition unless they arise under the savings clause of 28
U.S.C. § 2255. See Tolliver v. Dobre, 211 F.3d 876, 877-78 (5th
Cir. 2000). We have held that claims based on Booker do not fall
under the savings clause of § 2255. Padilla v. United States,
416 F.3d 424, 426-27 (5th Cir. 2005). The district court
correctly construed Triplett’s petition as a motion filed
pursuant to § 2255 over which it lacked jurisdiction. See
Solsona v. Warden, F.C.I., 821 F.2d 1129, 1132 (5th Cir. 1987).
Accordingly, the district court’s judgment is AFFIRMED.