Jeriton Curry v. United States

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 31, 2023
• Docket: 23-6128
• Status: Unpublished

Opinion

USCA4 Appeal: 23-6128 Doc: 13 Filed: 08/31/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6128

JERITON LAVAR CURRY,

Petitioner - Appellant,

v.

UNITED STATES OF AMERICA,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:22-cv-00180-MOC)

Submitted: August 29, 2023 Decided: August 31, 2023

Before KING, AGEE, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jeriton Lavar Curry, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6128 Doc: 13 Filed: 08/31/2023 Pg: 2 of 2

PER CURIAM:

Jeriton Lavar Curry appeals the district court’s order denying relief on his 28 U.S.C.

§ 2241 petition in which he sought to challenge his sentence by way of the savings clause

in 28 U.S.C. § 2255. We have reviewed the record and find no reversible error.

Accordingly, we affirm the district court’s order. Curry v. United States, No. 3:22-cv-

00180-MOC (W.D.N.C. Sept. 1, 2022). ∗ We deny Curry’s pending motions. 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

∗ Curry filed his notice of appeal on December 12, 2022, more than 60 days after the district court dismissed his petition. See Fed. R. App. P. 4(a)(1)(B). However, the court did not enter its final order until March 27, 2023, when it denied Curry’s pending motion to amend. Accordingly, we conclude that Curry’s notice of appeal was timely. See Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015); Fed. R. App. P. 4(a)(2).