Edward Sanchez v. Randall Chandler, No. 13-10254 (5th Cir. 2013)

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Case: 13-10254 Document: 00512373145 Page: 1 Date Filed: 09/13/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-10254 Summary Calendar September 13, 2013 Lyle W. Cayce Clerk EDWARD SANCHEZ, Petitioner-Appellant v. WARDEN RANDALL CHANDLER, Respondent-Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 4:13-CV-11 Before WIENER, OWEN, and HAYNES, Circuit Judges. PER CURIAM:* Plaintiff-Appellant Edward Sanchez, federal prisoner # 35757-044, appeals from the dismissal without prejudice of his 28 U.S.C. § 2241 petition challenging his conviction and sentence for possessing with intent to distribute methamphetamine. We review the dismissal de novo. Pack v. Yusuff, 218 F.3d 448, 451 (5th Cir. 2000). As Sanchez seeks to challenge the validity of his conviction and sentence rather than the manner in which his sentence has been executed, his petition * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-10254 Document: 00512373145 Page: 2 Date Filed: 09/13/2013 No. 13-10254 properly arises under 28 U.S.C. § 2255. Id. at 451-52. A section 2255 motion must be brought by the movant in the court that sentenced him. § 2255(a); Ojo v. I.N.S., 106 F.3d 680, 683 (5th Cir. 1997). As the district court did not impose the sentence at issue, it did not err by dismissing the petition without prejudice rather than construing it as a § 2255 motion. See Ojo, 106 F.3d at 683. AFFIRMED. 2

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