Johnny Warren v. Warden Streeval

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6708
JOHNNY SCOTT WARREN,
Petitioner - Appellant,
v.
WARDEN STREEVAL,
Respondent - Appellee.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. James P. Jones, District Judge. (7:21-cv-00009-JPJ-PMS)
Submitted: August 19, 2021 Decided: August 24, 2021
Before GREGORY, Chief Judge, FLOYD, and RUSHING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Johnny Scott Warren, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Johnny Scott Warren, a federal prisoner, appeals the district court’s order denying
relief on his 28 U.S.C. § 2241 petition in which he sought to challenge his conviction by
way of the savings clause in 28 U.S.C. § 2255. Pursuant to § 2255(e), a prisoner may
challenge his conviction in a traditional writ of habeas corpus pursuant to § 2241 if a § 2255
motion would be inadequate or ineffective to test the legality of his detention.
[Section] 2255 is inadequate and ineffective to test the legality of a
conviction when: (1) at the time of conviction, settled law of this circuit or
the Supreme Court established the legality of the conviction; (2) subsequent
to the prisoner’s direct appeal and first § 2255 motion, the substantive law
changed such that the conduct of which the prisoner was convicted is deemed
not to be criminal; and (3) the prisoner cannot satisfy the gatekeeping
provisions of § 2255 because the new rule is not one of constitutional law.
In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000).
We have reviewed the record and find no reversible error. Accordingly, we affirm
the district court’s order. Warren v. Warden Streeval, No. 7:21-cv-00009-JPJ-PMS
(W.D. Va. Apr. 26, 2021). 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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