United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 24, 2006
Charles R. Fulbruge III
Clerk
No. 05-31117
Conference Calendar
JOE ALLAN BOUNDS,
Plaintiff-Appellant,
versus
J. P. YOUNG; ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:05-CV-232
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Joe Allan Bounds, federal prisoner # 18363-077, appeals the
district court’s dismissal of his 28 U.S.C. § 2241 habeas
petition for want of jurisdiction. Bounds was convicted of
conspiracy to manufacture phenylacetone and methamphetamine,
manufacturing amphetamine and phenylacetone, use of a firearm
during and in relation to a drug trafficking offense, and
possession of a firearm by a convicted felon. He was sentenced
to a total of 324 months of imprisonment.
*
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this opinion should not be published and is not precedent except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. 05-31117
-2-
Bounds’s § 2241 petition challenged the constitutionality of
his conviction and sentence in light of United States v. Booker,
543 U.S. 220 (2005). The errors asserted by Bounds 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). 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).
Accordingly, the district court’s judgment is AFFIRMED.