Arthur Lee Butler, Jr. v. ERIC WILSON, Warden

13-7809Court of Appeals for the Fourth CircuitApr 3, 2014

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7809
ARTHUR LEE BUTLER, JR.,
Petitioner – Appellant,
v.
ERIC WILSON, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, District
Judge. (3:13-cv-00384-HEH)
Submitted: March 27, 2014 Decided: April 3, 2014
Before AGEE, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Arthur Lee Butler, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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2
PER CURIAM:
Arthur Lee Butler, Jr., appeals from the district
court’s order dismissing Butler’s 28 U.S.C. § 2241 (2012)
petition for lack of jurisdiction. Butler’s petition sought
retroactive application of the Fair Sentencing Act’s statutory
mandatory minimum sentences. Butler was sentenced prior to the
effective date of the Act. We have reviewed the record and the
arguments on appeal and conclude that Butler’s claim is without
merit. See United States v. Bullard, 645 F.3d 237, 248-29 (4th
Cir. 2011). Accordingly, we grant permission to proceed in
forma pauperis and affirm the judgment of the district court.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED

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