United States v. Hunter

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 12, 2005
• Docket: 05-6989
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6989

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MICHAEL HUNTER, a/k/a Big Mike,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (CR-93-156; CA-05-192-2)

Submitted: November 16, 2005 Decided: December 12, 2005

Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael Hunter, Appellant Pro Se. William David Muhr, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Michael Hunter, a federal prisoner, filed a petition

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

States v. Booker, 125 S. Ct. 738 (2005). Though the district court

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

(2000), Hunter clearly intended to file a § 2241 petition. Hunter

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 Hunter 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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