Jeffrey v. United States ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6711
ROBERT LARRY JEFFREY, JR.,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard, Senior
District Judge. (5:06-hc-00039-H)
Submitted: November 21, 2006 Decided: November 29, 2006
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Robert Larry Jeffrey, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Larry Jeffrey, Jr., a federal prisoner, filed a
petition under 28 U.S.C. § 2241 (2000), challenging the validity
of his sentence under United States v. Booker, 543 U.S. 220 (2005),
and Blakely v. Washington, 542 U.S. 296 (2004). The district court
denied the petition for lack of jurisdiction under § 2241. Jeffrey
argues on appeal that 28 U.S.C. § 2255 (2000) is inadequate and
ineffective to test the legality of his detention, contending that
his sentencing claim should be considered in the context of his
§ 2241 petition. Because Jeffrey 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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