U.S. Court of Appeals for the Fifth Circuit, 2007

Villa-Yanez v. Morris

Villa-Yanez v. Morris
U.S. Court of Appeals for the Fifth Circuit · Decided April 17, 2007 · Higginbotham, Benavides, Prado
224 F. App'x 442

Villa-Yanez v. Morris

Opinion

PER CURIAM: *

Jose Villa-Yanez (Villa), federal prisoner # 05551-085, has appealed the dismissal of his 28 U.S.C. § 2241 petition challenging his 1997 conviction of conspiracy to possess *443 with intent to distribute cocaine and 240-month term of imprisonment. Villa contends that his sentence was unconstitutional in light of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) , and United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) , and that he should be permitted to assert his Booker claim in a § 2241 proceeding under the savings clause of 28 U.S.C. § 2255. Because Blakely and Booker are not retroactively applicable to cases on collateral review, Villa cannot show that he should be permitted to assert his claims under the savings clause of § 2255. See Padilla v. United States, 416 F.3d 424, 426-27 (5th Cir. 2005); Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001).

The district court’s judgment is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *443 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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