Opinion
No. 07-30893 Conference Calendar.
June 19, 2008.
Billy Lampton, U.S. Penitentiary Victorville, Adelanto, CA, pro se.
Appeal from the United States District Court for the Western District of Louisiana, USDC No. 1:07-CV-628.
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
Billy Lampton, federal prisoner #25078-034, appeals the district court's dismissal of his 28 U.S.C. § 2241 petition challenging the sentence imposed following his conviction for distribution of heroin, fraudulent use of a telecommunications instrument, and engaging in a continuing criminal enterprise. Lampton argues that the prior Louisiana felony convictions used to enhance his sentence under 21 U.S.C. § 841(b)(1) were insufficient to support the enhancement under Lopez v. Gonzales, 549 U.S. 47, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006), because the convictions would have been misdemeanor convictions under federal law. He maintains that Lopez is retroactively applicable. He asserts that his claim is cognizable in a § 2241 petition under the savings clause of 28 U.S.C. § 2255(e) because it shows that he is actually innocent of the sentence enhancement. As Lampton is challenging only his sentence and not his conviction, his claim does not fall within the savings clause of § 2255(e) and is not cognizable in a § 2241 petition. See Padilla v. United States, 416 F.3d 424, 427 (5th Cir. 2005).
AFFIRMED.