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177 F. App'x 375

Little v. Hamidullah

U.S. Courts of Appeals

Decided May 3, 2006

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U.S. Courts of Appeals · decided 2006-05-03

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 In Re: Byron Jones, A/K/A Carl Lee, A/K/A B, Movant

Affirmed by unpublished PER CURIAM opinion · Decided 2006-05-03

PER CURIAM:

¶1 Walter Little, Jr., a federal prisoner, filed a petition under 28 U.S.C. § 2241 (2000), challenging the validity of his sentence claiming that he was “actually innocent” of being a career offender. The district court accepted the magistrate judge’s recommendation and rejected Little’s claim that 28 U.S.C. § 2255 (2000) was inadequate and ineffective to test the legality of his detention. * Because Little does not meet the standard set forth in In *376 re Jones, 226 F.3d 328, 333-34 (4th Cir.2000), we affirm the district court’s denial of his § 2241 petition. We also affirm the district court’s denial of Little’s motion to proceed in forma pauperis on appeal. 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 noted that to the extent it might consider Little’s claim under § 2255, such relief would be barred as successive. We also note that the district court erroneously stated that Little was sentenced as an armed career criminal instead of a career offender.

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