McNeair v. Stansberry ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6737
JEFFREY DENNARD MCNEAIR,
Petitioner - Appellant,
versus
PATRICIA R. STANSBERRY; BUREAU OF PRISONS;
HARLEY LAPPIN; P. GUANJA, Regional Director;
ALBERTO R. GONZALES,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III,
District Judge. (5:06-hc-00011-D)
Submitted: September 28, 2006 Decided: October 10, 2006
Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jeffrey Dennard McNeair, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jeffrey Dennard McNeair, a federal prisoner, filed a
petition under 28 U.S.C. § 2241 (2000), raising claims under United
States v. Booker, 543 U.S. 220 (2005). We have reviewed the record
and the district court’s opinion and conclude that McNeair cannot
proceed under § 2241 because he does not meet the standard set
forth in In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000).
Accordingly, we affirm the denial of relief. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
AFFIRMED
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