Terry Lee OWENS, Petitioner-Appellant, v. Cole JETER, Warden, Federal Medical Center Fort Worth, Respondent-Appellee, 145 F. App'x 459

PER CURIAM: Terry Lee Owens, federal prisoner #29251-077, appeals the district court’s

summary dismissal of his 28 U.S.C. § 2241 petition, challenging his sentence for distributing 124.9 grams of cocaine base. He argues that under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the district court erroneously based his sentence on 2.86 kilograms of cocaine base and his role in the offense. He argues that he qualifies for the savings clause of 28 U.S.C. § 2255 because he is actually innocent of the non-existent offenses of (1) distributing 2.86 kilograms of cocaine base and (2) the two-point enhancement for his role as a manager or supervisor.

He asserts that it would be inadequate and ineffective for him to seek permission from this court via a successive 28 U.S.C. § 2255 motion. See Wesson v. United States Penitentiary, 305 F.3d 343, 347-48 (5th Cir.2002). Owens’s argument is unavailing in light of this court’s decision in Padilla v. United States, 416 F.3d 424, 426-427 (5th Cir.2005) (No. 04-50567). 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.