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

Riddick v. Miles

Riddick v. Miles
U.S. Court of Appeals for the Fifth Circuit · Decided April 17, 2007 · Higginbotham, Benavides, Prado
225 F. App'x 231

Riddick v. Miles

Opinion

PER CURIAM: *

Harry Lee Riddick, federal prisoner # 48116-060, appeals from the dismissal of his 28 U.S.C. § 2241 petition. Riddick challenges his conviction of operating a continuing criminal enterprise, conspiracy *232 to possess with intent to distribute cocaine, distribution of cocaine in or near a school, and distribution of cocaine.

Riddick seeks relief pursuant to United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004); and Richardson v. United States, 526 U.S. 813, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999). Riddick’s Booker and Blakely claims do not fall under the “savings clause” of 28 U.S.C. § 2255; he thus may not pursue relief under § 2241. See Padilla v. United States, 416 F.3d 424, 427 (5th Cir. 2005). Riddick’s appellate brief indicates that he knew about Richardson before he filed his § 2255 motion in 2001; he therefore could have raised his Richardson issues in that motion and may not pursue them in a § 2241 petition. See Reyes-Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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