Smith v. LaManna

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 2, 2006
• Docket: 05-7387
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7387

RANDY SMITH,

Petitioner - Appellant,

versus

JOHN J. LAMANNA, Warden of FCI-Edgefield,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. G. Ross Anderson, Jr., District Judge. (CA-05-1223-9)

Submitted: January 26, 2006 Decided: February 2, 2006

Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Randy Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Randy Smith, a federal prisoner, filed a petition under

28 U.S.C. § 2241 (2000), raising a claim 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),

Smith clearly intended to file a § 2241 petition. Smith argues on

appeal that § 2255 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 Smith

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

- 2 -