Eugene Kenny Smith v. JOSEPH BROOKS, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6375
EUGENE KENNY SMITH,
Petitioner - Appellant,
versus
JOSEPH BROOKS, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry Coke Morgan, Jr., District
Judge. (CA-03-768)
Submitted: July 14, 2004 Decided: August 13, 2004
Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Eugene Kenny Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Eugene Kenny Smith, a federal prisoner, appeals the
district court’s order dismissing his petition filed under 28
U.S.C. § 2241 (2000). The district court found that because Smith
sought to challenge the imposition of his conviction and sentence,
and because he failed to demonstrate that 28 U.S.C. § 2255 (2000)
would prove inadequate or ineffective to test the legality of his
detention, the appropriate vehicle for his challenge would be a
§ 2255 motion rather than a § 2241 petition. See Swain v.
Pressley, 430 U.S. 372, 381 (1977); In re Jones, 226 F.3d 328, 333
(4th Cir. 2000). We have reviewed the record and find no
reversible error. Accordingly, we affirm on the reasoning of the
district court. See Smith v. Brooks, No. CA-03-768 (E.D. Va.
Dec. 30, 2003). 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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