United States of America v. Shawn Leigh Jones

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7267
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SHAWN LEIGH JONES,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Raymond A. Jackson,
District Judge. (CR-01-68)
Submitted: December 22, 2005 Decided: January 3, 2006
Before WIDENER, NIEMEYER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Shawn Leigh Jones, Appellant Pro Se. Fernando Groene, OFFICE OF
THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Shawn Leigh Jones, a federal prisoner, filed a petition
under the All Writs Act, 28 U.S.C. § 1651 (2000), seeking to have
his conviction and sentence vacated based on his claim of actual
innocence. Though the district court construed the mandamus
petition as a motion under 28 U.S.C. § 2255 (2000), Jones clearly
intended to file a mandamus petition.
However, because Jones does not meet the standard for a
mandamus petition, we affirm the district court’s denial of relief.
See Kerr v. United States Dist. Court, 426 U.S. 394, 402 (1976); In
re Beard, 811 F.2d 818, 826 (4th Cir. 1987); In re First Fed. Sav.
& Loan Ass’n, 860 F.2d 135, 138 (4th Cir. 1988). 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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