United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 13, 2007
Charles R. Fulbruge III
Clerk
No. 06-40369
Conference Calendar
TERRY LEE SCOTT,
Petitioner-Appellant,
versus
WARDEN CHILDRESS,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:06-CV-12
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Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Terry Lee Scott, federal prisoner # 62305-079, appeals the
district court’s dismissal of his 28 U.S.C. § 2241 petition
challenging the sentence imposed following his guilty-plea
conviction for conspiracy to possess with intent to distribute
cocaine and crack cocaine.
Scott argues under United States v. Booker, 543 U.S. 220
(2005), that his sentence violated the Sixth Amendment because it
was enhanced based upon facts found by a judge. The decision in
Booker does not apply retroactively to cases on collateral
*
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this opinion should not be published and is not precedent except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. 06-40369
-2-
review, and a Booker claim does not satisfy the test for filing a
§ 2241 petition under the savings clause of 28 U.S.C. § 2255.
Padilla v. United States, 416 F.3d 424, 427 (5th Cir. 2005).
For the first time on appeal, Scott raises a factual
challenge to the district court’s application of a four-level
enhancement for his being a leader or organizer of the criminal
activity. This newly raised factual claim is not reviewable for
the first time on appeal. See Leverette v. Louisville Ladder
Co., 183 F.3d 339, 342 (5th Cir. 1999).
AFFIRMED.