Martez Coleman v. United States of America

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6292
MARTEZ COLEMAN,
Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, District Judge.
(7:06-cv-00083-gec)
Submitted: July 20, 2006 Decided: July 26, 2006
Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Martez Coleman, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Martez Coleman, a federal prisoner, filed a petition
under 28 U.S.C. § 2241 (2000), raising claims under United
States v. Booker, 543 U.S. 220 (2005). Although the district court
construed the § 2241 petition as a motion under 28 U.S.C. § 2255
(2000), we find that Coleman clearly intended to file a § 2241
petition. He filed the petition on a standard § 2241 form in the
district of incarceration. Because Coleman does not meet the
standard set forth in 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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