Fountain v. Jeter

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 21, 2006 Charles R. Fulbruge III Clerk No. 05-10727 Conference Calendar

FRANK FOUNTAIN, JR., Petitioner-Appellant, versus COLE JETER, WARDEN, FEDERAL MEDICAL CENTER FORT WORTH, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:04-CV-909 -------------------- Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:* Frank Fountain, Jr., federal prisoner # 97040-079, appeals the district court’s dismissal of his 28 U.S.C. § 2241 habeas petition, which followed his convictions and sentences for wire fraud, mail fraud, and concealing assets. Fountain challenged the constitutionality of his convictions and sentences in light of United States v. Booker, 543 U.S. 220 (2005), and Blakely v. Washington, 542 U.S. 296 (2004).

No. 05-10727 -2- The errors asserted by Fountain may not be raised in a § 2241 petition unless they arise under the savings clause of 28 U.S.C. § 2255. We have held that claims based on Booker and Blakely do not fall under the savings clause of § 2255. See Padilla v. United States, 416 F.3d 424, 426-27 (5th Cir. 2005).

Accordingly, the district court’s judgment is AFFIRMED.