Whitmore 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 August 28, 2006 Charles R. Fulbruge III Clerk No. 05-10926 Conference Calendar

HAROLD E. WHITMORE, 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. 3:05-CV-839 -------------------- Before DAVIS, SMITH, and WIENER, Circuit Judges.

PER CURIAM:* Harold E. Whitmore, federal prisoner # 24891-077, was convicted in 1994 of drug-trafficking offenses and money laundering, for which he received concurrent 240-month prison terms. 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 Apprendi v. New Jersey, 530 U.S. 466 (2000). Whitmore argues

No. 05-10926 -2- that his claims should be allowed to proceed under the savings clause of 28 U.S.C. § 2255. Whitmore’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.