Coleman v. United States

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-6292

MARTEZ COLEMAN,

Petitioner - Appellant,

versus

UNITED STATES OF AMERICA,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:06-cv-00083-gec)

Submitted: July 20, 2006 Decided: July 26, 2006

Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Martez Coleman, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Martez Coleman, a federal prisoner, filed a petition

under 28 U.S.C. § 2241 (2000), raising claims under United

States v. Booker, 543 U.S. 220 (2005). Although the district court

construed the § 2241 petition as a motion under 28 U.S.C. § 2255

(2000), we find that Coleman clearly intended to file a § 2241

petition. He filed the petition on a standard § 2241 form in the

district of incarceration. Because Coleman does not meet the

standard set forth in 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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