*1 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM: [*]
Ruben Hinojosa, federal prisoner # 64378-079, appeals the denial of his 28 U.S.C. § 2241 habeas petition challenging the sentence imposed following his guilty plea conviction for conspiracy to possess with intent to distribute marijuana. Hinojosa was sentenced to a term of imprisonment of 151 months, to be followed by a five-year term of supervised release.
Hinojosa argues that he is entitled to seek relief under 28 U.S.C. § 2241 based on the savings clause of 28 U.S.C. § 2255 *2 No. 03-40695
-2- because he was foreclosed from raising an Apprendi [**] claim at the time of his guilty plea. He argues that 28 U.S.C. § 2255 does not provide him with an adequate remedy and that the failure to address his claims would result in a miscarriage of justice.
Hinojosa’s Apprendi claims do not satisfy the test for filing a 28 U.S.C. § 2241 petition under 28 U.S.C.
§ 2255's “savings clause.” Wesson v. U.S. Penitentiary, Beaumont, TX, 305 F.3d 343, 347 (5th Cir. 2002); Reyes -Requena v. United States, 243 F.3d 893, 904 (5th Cir. 2001). Accordingly, the district court’s denial of Hinojosa’s 28 U.S.C. § 2241 habeas petition is AFFIRMED.
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.
[**] Apprendi v. New Jersey, 530 U.S. 466 (2000).