IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-60219 Conference Calendar

DAVID L. CARTER,

Petitioner-Appellant,

versus

KATHLEEN SAWYER; STATE OF MISSISSIPPI; BUREAU OF PRISONS; KHURSHID YUSUFF,

Respondents-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:01-CV-306-RG -------------------- October 29, 2002 Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

David L. Carter (“Carter”), federal inmate #36033-019,

appeals the district court’s dismissal of his

petition in which he challenged the conditions of his

confinement. Section 2241 is the proper habeas remedy if a

prisoner challenges the execution of his sentence rather than the

validity of his conviction and sentence. United States v. Cleto,

(5th Cir. 1992). “[H]abeas is not available to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-60219 -2-

review questions unrelated to the cause of detention. Its sole

function is to grant relief from unlawful imprisonment or custody

and it cannot be used properly for any other purpose.” Pierre v.

United States,

(5th Cir. 1976). The

district court did not err in dismissing Carter’s

petition because his petition challenged the conditions of

confinement at the unit where Carter was no longer incarcerated.

See Hernandez v. Garrison,

(5th Cir. 1990).

AFFIRMED.