Warden, Federal Correctional Institution Cumberland v. Pollard ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6091
WARDEN, FEDERAL CORRECTIONAL INSTITUTION
Cumberland,
Plaintiff - Appellee,
versus
STEPHEN EARL POLLARD,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:05-cv-01199-JCC)
Submitted: April 20, 2006 Decided: April 26, 2006
Before MICHAEL, KING, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Stephen Earl Pollard, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Stephen Earl Pollard, 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). Although the district court
construed the § 2241 petition as a motion under 28 U.S.C. § 2255(2000), Pollard clearly intended to file a § 2241 petition. He
argued below that § 2255 is inadequate and ineffective to test the
legality of his detention and contended that his claims should be
considered in the context of his § 2241 petition. Because Pollard
does not meet the standard set forth in In re: Jones, 226 F.3d 328,
333-34 (4th Cir. 2000), 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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