U.S. Court of Appeals for the Fifth Circuit, 2006

Arvizo-Pena v. Medellin

Arvizo-Pena v. Medellin
U.S. Court of Appeals for the Fifth Circuit · Decided June 21, 2006 · Stewart, Dennis, Owen
186 F. App'x 465

Arvizo-Pena v. Medellin

Opinion

PER CURIAM: *

Epitacio Arvizo-Pena, federal inmate # 11624-051, filed a petition under 28 U.S.C. § 2241 challenging his 2002 conviction and sentence for illegal reentry following deportation. He contends that his sentence is illegal in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Arvizo-Pena’s Booker claim was not properly brought under 28 U.S.C. § 2241. See Padilla v. United States, 416 F.3d 424, 426-27 (5th Cir. 2005).

Arvizo-Pena has waived appeal of any ineffective-assistance claims by failing to brief them here. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993).

The judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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