Johnson v. Brooks

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7152
JOHN HENRY JOHNSON,
Petitioner - Appellant,
versus
JOSEPH M. BROOKS, B.O.P., Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. James R. Spencer, District Judge.
(CA-01-292-3)
Submitted: October 4, 2001 Decided: October 12, 2001
Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John Henry Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John Henry Johnson appeals the district court’s order denying
relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed
the record and the district court’s opinion and find no reversible
error. Accordingly, we affirm substantially on the reasoning of
the district court. Johnson v. Brooks, No. CA-01-292-3 (E.D. Va.
July 3, 2001).* We grant the motion for leave to proceed in forma
pauperis. 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
*
The claim under Apprendi v. New Jersey, 530 U.S. 466 (2000),
lacks merit because Johnson’s 220-month sentence is less than the
maximum sentence authorized under 21 U.S.C.A. § 841(b)(1)(C) (West
Supp. 2001). See United States v. Promise, 255 F.3d 150, 156 (4th
Cir. 2001) (en banc).
2