Boone v. Hickey ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7606
SHIRLEY J. BOONE,
Petitioner - Appellant,
versus
DEBORAH A. HICKEY, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Chief
District Judge. (CA-04-1143-1)
Submitted: December 22, 2005 Decided: January 4, 2006
Before WIDENER, NIEMEYER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Shirley J. Boone, Appellant Pro Se. Michael Lee Keller, OFFICE OF
THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Shirley J. Boone, a federal prisoner, filed a petition
under 28 U.S.C. § 2241 (2000), challenging the validity of her
conviction and sentence and raising a claim under United States v.
Booker, 543 U.S. 220 (2005). Though the district court accepted
the magistrate judge’s recommendation and construed the § 2241
petition as a motion under 28 U.S.C. § 2255 (2000), Boone clearly
intended to file a § 2241 petition. Boone argues on appeal that
§ 2255 is inadequate and ineffective to test the legality of her
detention, contending that her claims should be considered in the
context of her § 2241 petition. Because Boone 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