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. 06-40036
Conference Calendar
EZEQUIEL GODINEZ-CERVANTES,
Petitioner-Appellant,
versus
UP OUTLAW, Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:05-CV-618
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Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Ezequiel Godinez-Cervantes, federal prisoner # 09671-079,
was sentenced to a 240-month term of imprisonment following a
1997 guilty plea to distribution of heroin. Godinez-Cervantes
appeals the district court’s dismissal of a 28 U.S.C. § 2241
habeas corpus petition challenging his conviction and sentence in
light of United States v. Booker, 543 U.S. 220 (2005). Godinez-
Cervantes argues that he should be permitted to pursue § 2241
relief in accordance with the savings clause of 28 U.S.C. § 2255.
Godinez-Cervantes has not shown that the district court
*
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this opinion should not be published and is not precedent except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. 06-40036
-2-
erred in construing his purported § 2241 petition as an
unauthorized § 2255 motion over which it lacked jurisdiction.
Tolliver v. Dobre, 211 F.3d 876, 877-78 (5th Cir. 2000). He has
also failed to establish that his Booker claim is cognizable
under the savings clause of § 2255. Padilla v. United States,
416 F.3d 424, 427 (5th Cir. 2005). Consequently, we AFFIRM the
district court’s dismissal of the petition.