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158 F. App'x 441

Barnett v. Bledsoe

U.S. Courts of Appeals

Decided December 15, 2005

U.S. Courts of Appeals · decided 2005-12-15

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on United States v. Booker · In Re: Byron Jones, A/K/A Carl Lee, A/K/A B, Movant

Affirmed by unpublished PER CURIAM opinion · Decided 2005-12-15

PER CURIAM:

¶1 Bernard Barnett filed a petition under 28 U.S.C. § 2241 (2000), raising a claim under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). As the district court correctly concluded, Barnett does not meet the standard under In re Jones, 226 F.3d 328, 333-34 (4th Cir.2000), so he is not entitled to proceed under § 2241. * Accordingly, 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.

¶2 AFFIRMED

*

¶3 The district court also construed the petition as a motion under 28 U.S.C. § 2255 (2000), and dismissed it as successive. Because Barnett clearly intended his petition as one under § 2241, and because the district court did not have jurisdiction under § 2255 to consider the validity of Barnett's sentence on his convictions arising out of the Southern District of New York, we decline to consider this case under § 2255.

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