U.S. Court of Appeals for the Fourth Circuit, 2006

Lovett v. LaManna

Lovett v. LaManna
U.S. Court of Appeals for the Fourth Circuit · Decided April 10, 2006 · Traxler, Gregory, Shedd
174 F. App'x 784

Lovett v. LaManna

Opinion

PER CURIAM:

Joseph Lovett filed a petition under 28 U.S.C. § 2241 (2000), claiming that his *785 sentence violated Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) , and United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) . A petitioner may challenge his sentence under § 2241 only if 28 U.S.C. § 2255 (2000) is inadequate or ineffective to test the legality of his sentence. 28 U.S.C. § 2255; In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000). Lovett has not established that § 2255 is inadequate or ineffective as discussed in Jones, so he is not entitled to proceed under § 2241. Accordingly, we affirm the district court’s order adopting the magistrate judge’s recommendation to deny relief without prejudice. Furthermore, we affirm the district court’s order denying Lovett’s motion for reconsideration. 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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