Jerry J. Anderson v. STEVEN GAL, Warden of FCI - Estill

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6317
JERRY J. ANDERSON,
Petitioner - Appellant,
versus
STEVEN GAL, Warden of FCI - Estill; UNITED
STATES OF AMERICA,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. C. Weston Houck, Senior District
Judge. (CA-01-3895-2-12)
Submitted: May 27, 2004 Decided: June 3, 2004
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jerry J. Anderson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

- 2 -
PER CURIAM:
Jerry J. Anderson, a federal prisoner, appeals the
district court’s order accepting the recommendation of the
magistrate judge and denying relief on his petition filed under
28 U.S.C. § 2241 (2000). As the district court recognized, the
fact that Anderson’s petition could not proceed under 28 U.S.C.
§ 2255 (2000) does not necessarily render that section inadequate
so as to permit Anderson to proceed under § 2241. See In re Vial,
115 F.3d 1192, 1194 n.5 (4th Cir. 1997). Moreover, the decision in
Apprendi v. New Jersey, 530 U.S. 466 (2000), upon which Anderson’s
claim is based, is not retroactively applicable in § 2241
petitions. See San-Miguel v. Dove, 291 F.3d 257, 260-61 & n.2 (4th
Cir.), cert. denied, 537 U.S. 938 (2002). Accordingly, we affirm
the district court’s decision. 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 of 2 --