Danny Rodriguez v. Warden Streeval ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7089
DANNY A. RODRIGUEZ,
Petitioner - Appellant,
v.
WARDEN J. STREEVAL,
Respondent - Appellee.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. Norman K. Moon, Senior District Judge. (7:20-cv-00308-NKM-JCH)
Submitted: January 19, 2021 Decided: January 21, 2021
Before AGEE, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Danny A. Rodriguez, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Danny A. Rodriguez, a federal prisoner, appeals the district court’s orders denying
relief on his 28 U.S.C. § 2241 petition in which he sought to challenge his convictions and
sentence by way of the savings clause in 28 U.S.C. § 2255 and denying his motion for
reconsideration. Pursuant to § 2255(e), a prisoner may challenge his convictions and
sentence in a traditional writ of habeas corpus under § 2241 if a § 2255 motion would be
inadequate or ineffective to test the legality of his detention. Here, the district court
correctly determined that Rodriguez may not challenge the validity of his convictions and
sentence through a § 2241 petition. Accordingly, we affirm for the reasons stated by the
district court. Rodriguez v. Streeval, No. 7:20-cv-00308-NKM-JCH (W.D. Va. June 4 &
July 16, 2020). In addition, we decline to address Rodriguez’s argument pursuant to
Rehaif v. United States, 139 S.Ct. 2191 (2019), that his 2004 convictions were
unconstitutional because he seeks to attack a different district court judgment than the one
underlying the current appeal. We deny Rodriguez’s motion to appoint counsel. We
dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid the decisional
process.
AFFIRMED
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