United States v. Coor ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6388
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BEAUTANOUS COOR,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:92-cr-00072-F-1; 5:07-cv-00038-F)
Submitted: May 10, 2007 Decided: May 15, 2007
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Beautanous Coor, Appellant Pro Se. Jane J. Jackson, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Beautanous Coor filed a petition under 28 U.S.C. § 2241(2000), seeking to challenge his conviction and sentence in light
of Apprendi v. New Jersey, 530 U.S. 466 (2000), and United
States v. Booker, 543 U.S. 220 (2005). The district court construed
the § 2241 petition as a motion under 28 U.S.C. § 2255 (2000), and
dismissed for lack of jurisdiction. Coor asserts that § 2255 is
inadequate and ineffective to test the legality of his detention
and contends that his claims should be considered under § 2241
pursuant to the savings clause in § 2255. Because Coor does not
meet the standard set forth in In re Jones, 226 F.3d 328, 333-34
(4th Cir. 2000) for application of the savings clause, we affirm
the denial of relief. We deny as unnecessary Coor’s motion for a
certificate of appealability. 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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