Bobby Norris McAFEE, Petitioner-Appellant, v. UNITED STATES DISTRICT COURT FOR the SOUTHERN DISTRICT OF TEXAS, Respondent-Appellee, 169 F. App'x 260

PER CURIAM: Bobby Norris McAfee, a federal prisoner (# 25170-177), appeals the dismissal of his 28 U.S.C. § 2241 habeas petition challenging his 235-month prison sentence imposed following his 1993 guilty-plea conviction of a Racketeer Influenced and Corrupt Organizations Act offense. McAfee contends that his sentence is unconstitutional in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Because McAfee challenges errors that occurred at sentencing, the claim may not be asserted in a § 2241 petition. See Padilla v. United States, 416 F.3d 424, 426-27 (5th Cir.2005).

Insofar as he has suggested that he is entitled to proceed under § 2241 based on the “savings clause” of 28 U.S.C. § 2255, because relief under the latter

section is “inadequate or ineffective,” such suggestion is unavailing. Id. at 427. The district court’s judgment is 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.