Rider v. United States

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7126

GEORGE G. RIDER,

Petitioner - Appellant,

versus

UNITED STATES OF AMERICA; ALBERTO GONZALES, U.S. Attorney General; TERRY O’BRIEN, Warden of USP Lee,

Respondents - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:06-cv-00354-GEC)

Submitted: November 21, 2006 Decided: November 30, 2006

Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

George G. Rider, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

George G. Rider, a federal prisoner, filed a petition

under 28 U.S.C. § 2241 (2000), challenging the supervised release

portion of his sentence under United States v. Booker, 543 U.S. 220

(2005). The district court denied the petition for lack of

jurisdiction under § 2241. Rider argues on appeal that 28 U.S.C.

§ 2255 (2000) is inadequate and ineffective to test the legality of

his detention, contending that his Booker claim should be

considered in the context of his § 2241 petition. Because Rider

does not meet the standard under 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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