U.S. Court of Appeals for the Fourth Circuit, 2007

United States v. Coor

United States v. Coor
U.S. Court of Appeals for the Fourth Circuit · Decided May 15, 2007 · Motz, Duncan, Hamilton
226 F. App'x 267

United States v. Coor

Opinion

PER CURIAM.

Beautanous Coor filed a petition under 28 U.S.C. § 2241 (2000), seeking to challenge his conviction and sentence in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348,147 L.Ed.2d 435 (2000), and United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The district court construed the § 2241 petition as a motion under 28 U.S.C. § 2255 (2000), and dismissed for lack of jurisdiction. Coor asserts that § 2255 is inadequate and ineffective to test the legality of his detention and contends that his claims should be considered under § 2241 pursuant to the savings clause in § 2255. Because Coor does not meet the standard set forth in In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000) for application of the savings clause, we affirm the denial of relief. We deny as unnecessary Coor’s motion for a certificate of appealability. 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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