186 F. App'x 478

Alvin O’Neal DAVIS, Jr., Petitioner-Appellant, v. Cole JETER, Warden, Federal Medical Center, Fort Worth, Respondent-Appellee.

No. 05-10587.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided June 21, 2006.

Alvin O’Neal Davis, Jr., Fort Worth, TX, pro se.

*479Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

Alvin O’Neal Davis, Jr., federal prisoner # 25217-177, was convicted in 2000 of possessing with intent to distribute crack cocaine, for which he was sentenced to 155 months in prison. 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 United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Davis argues that his claims should be allowed to proceed under the savings clause of 28 U.S.C. § 2255. Davis’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.

Davis v. Jeter
186 F. App'x 478

Case Details

Name
Davis v. Jeter
Decision Date
Jun 21, 2006
Citations

186 F. App'x 478

Jurisdiction
United States

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