United States v. Harrison ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7339
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DARROL J. HARRISON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(CR-92-446; CA-05-648)
Submitted: December 22, 2005 Decided: January 3, 2006
Before WIDENER, NIEMEYER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Darrol J. Harrison, Appellant Pro Se. Robert Hayden Bickerton,
Assistant United States Attorney, Charleston, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Darrol J. Harrison, 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). Though the district court
construed the § 2241 petition as a motion under 28 U.S.C. § 2255(2000), Harrison clearly intended to file a § 2241 petition.
Harrison 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 Harrison 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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