Durrell Jackson v. C. Zych

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 21, 2014
• Docket: 14-7338
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-7338

DURRELL KAYE JACKSON,

Petitioner – Appellant,

v.

C. ZYCH, Warden, USP Lee,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Chief District Judge. (7:14-cv-00077-GEC-RSB)

Submitted: November 18, 2014 Decided: November 21, 2014

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Durrell Kaye Jackson, Appellant Pro Se. Kartic Padmanabhan, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Durrell Kaye Jackson appeals the district court’s

order dismissing without prejudice his 28 U.S.C. § 2241 (2012)

petition. Jackson’s petition sought retroactive application of

the Fair Sentencing Act, arguing that the Act invalidates his

2002 life sentence for engaging in a continuing criminal

enterprise. Jackson was sentenced, however, prior to the

effective date of the Act. We have reviewed the record and the

arguments on appeal and conclude that Jackson’s claim is without

merit. See United States v. Bullard, 645 F.3d 237, 248-49 (4th

Cir. 2011). Accordingly, we grant leave to proceed in forma

pauperis and affirm the district court’s judgment. 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