Smith v. LaManna ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7387
RANDY SMITH,
Petitioner - Appellant,
versus
JOHN J. LAMANNA, Warden of FCI-Edgefield,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort. G. Ross Anderson, Jr., District
Judge. (CA-05-1223-9)
Submitted: January 26, 2006 Decided: February 2, 2006
Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Randy Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Randy Smith, a federal prisoner, filed a petition under
28 U.S.C. § 2241 (2000), raising a claim 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),
Smith clearly intended to file a § 2241 petition. Smith argues on
appeal that § 2255 is inadequate and ineffective to test the
legality of his detention, contending that his Booker claim should
be considered in the context of his § 2241 petition. Because Smith
does not meet the standard under 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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