Villa-Yanez v. Morris, No. 05-41207 (5th Cir. 2007)
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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 17, 2007 Charles R. Fulbruge III Clerk No. 05-41207 Conference Calendar JOSE VILLA-YANEZ, Petitioner-Appellant, versus STEVE MORRIS, Warden, Respondent-Appellee. -------------------Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:05-CV-340 -------------------Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges. 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 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 (2004), and United States v. Booker, 543 U.S. 220 (2005), and that he should be permitted to assert his Booker claim in a § 2241 proceeding under the savings * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-41207 -2clause 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.
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