George G. Rider v. Booker, 543 U.S. 220 2005 . The district court denied the

06-7126Court of Appeals for the Fourth Circuit30 nov 2006

Testo completo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7126
GEORGE G. RIDER,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA; ALBERTO GONZALES,
U.S. Attorney General; TERRY O’BRIEN, Warden
of USP Lee,
Respondents - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, District Judge.
(7:06-cv-00354-GEC)
Submitted: November 21, 2006 Decided: November 30, 2006
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
George G. Rider, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
George G. Rider, a federal prisoner, filed a petition
under 28 U.S.C. § 2241 (2000), challenging the supervised release
portion of his sentence under United States v. Booker, 543 U.S. 220
(2005). The district court denied the petition for lack of
jurisdiction under § 2241. Rider argues on appeal that 28 U.S.C.
§ 2255 (2000) is inadequate and ineffective to test the legality of
his detention, contending that his Booker claim should be
considered in the context of his § 2241 petition. Because Rider
does not meet the standard under In re Jones, 226 F.3d 328, 333-34
(4th Cir. 2000), we affirm the denial of relief. 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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