Eusebio Escobar-De Jesus v. United States of America

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-8013

EUSEBIO ESCOBAR-DE JESUS,

Petitioner - Appellant,

v.

UNITED STATES OF AMERICA,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:13-hc-02100-D)

Submitted: May 22, 2020 Decided: June 1, 2020

Before MOTZ, DIAZ, and RICHARDSON, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

Eusebio Escobar-De Jesus, Appellant Pro Se. Jennifer P. May-Parker, Assistant United
States Attorney, Seth Morgan Wood, Assistant United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:
Eusebio Escobar-De Jesus, a federal prisoner, appeals the district court’s order
denying relief on his 28 U.S.C. § 2241 (2018) petition. We have reviewed the record and
find no reversible error. Escobar cannot meet the test we set forth to raise a sentencing
challenge in a § 2241 petition. See United States v. Wheeler, 886 F.3d 415, 429 (4th Cir.
2018). Accordingly, we affirm the district court’s order. Escobar-De Jesus v. United
States, No. 5:13-hc-02100-D (E.D.N.C. Dec. 6, 2013). However, we modify the district
court’s order to clarify that its dismissal of Escobar’s petition is without prejudice. See S.
Walk at Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d
175, 185 (4th Cir. 2013); Rice v. Rivera, 617 F.3d 802, 807-08 (4th Cir. 2010). 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 AS MODIFIED