Ramon Brito v. USA, No. 10-40758 (5th Cir. 2011)

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Case: 10-40758 Document: 00511409653 Page: 1 Date Filed: 03/14/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-40758 Summary Calendar March 14, 2011 Lyle W. Cayce Clerk RAMON JAIMES BRITO, Petitioner-Appellant v. UNITED STATES OF AMERICA, Respondent-Appellee Appeal from the United States District Court for the Southern District of Texas USDC No. 2:10-CV-150 Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* Ramon Jaimes Brito, federal inmate # 01798-298, appeals the dismissal for lack of jurisdiction of his 28 U.S.C. § 2241 petition challenging his guilty-plea conviction for conspiracy to possess with intent to distribute more than five kilograms of cocaine. Brito was incarcerated in Oregon at the time he filed his § 2241 petition. The district court, therefore, correctly determined that it lacked jurisdiction to consider his § 2241 petition, including the issue of whether his claims are properly brought under § 2241 via the savings clause of 28 U.S.C. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 10-40758 Document: 00511409653 Page: 2 Date Filed: 03/14/2011 No. 10-40758 § 2255. See Padilla v. United States, 416 F.3d 424, 425-26 (5th Cir. 2005). The district court s dismissal without prejudice to refiling in the appropriate district court is AFFIRMED. 2

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