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PADILLA v. U.S.

No. 04-50567.

416 F.3d 424 (2005)

Pedro PADILLA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 8, 2005.

Attorney(s) appearing for the Case

Pedro Padilla, El Paso, TX, pro se.

Before DAVIS and DENNIS, Circuit Judges, and LEMELLE, District Judge.

PER CURIAM:

Petitioner—Appellant Pedro Padilla (federal prisoner # 58943-004) is currently incarcerated in Anthony, Texas. Padilla filed a 28 U.S.C. § 2241 petition in the Western District of Texas alleging that the convicting district court improperly enhanced his sentence by two levels for possession of a deadly weapon. The district court dismissed Padilla's § 2241 petition on the grounds that Padilla's petition was properly construed as a §...

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