Durrell Jackson v. C. Zych ( 2014 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7338
DURRELL KAYE JACKSON,
Petitioner – Appellant,
v.
C. ZYCH, Warden, USP Lee,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, Chief
District Judge. (7:14-cv-00077-GEC-RSB)
Submitted: November 18, 2014 Decided: November 21, 2014
Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Durrell Kaye Jackson, Appellant Pro Se. Kartic Padmanabhan,
OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Durrell Kaye Jackson appeals the district court’s
order dismissing without prejudice his 28 U.S.C. § 2241 (2012)
petition. Jackson’s petition sought retroactive application of
the Fair Sentencing Act, arguing that the Act invalidates his
2002 life sentence for engaging in a continuing criminal
enterprise. Jackson was sentenced, however, prior to the
effective date of the Act. We have reviewed the record and the
arguments on appeal and conclude that Jackson’s claim is without
merit. See United States v. Bullard, 645 F.3d 237, 248-49 (4th
Cir. 2011). Accordingly, we grant leave to proceed in forma
pauperis and affirm the district court’s judgment. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and
argument would not aid the decisional process.
AFFIRMED
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