Summary
holding "[t]he Fourth Circuit's refusal to allow petitioners to utilize [section] 2241 to challenge a career offender designation applies with equal force to a challenge to an enhanced sentence under 21 U.S.C. § 851"
Summary of this case from Core v. WilsonOpinion
No. 13-6362
06-05-2013
JAMES CLINTON PATTERSON, JR., Petitioner - Appellant, v. ERIC D. WILSON, Warden, FCC Petersburg, Respondent - Appellee.
James Clinton Patterson, Jr., Appellant Pro Se. Jonathan Holland Hambrick, Assistant United States Attorney, Richmond, Virginia, for Appellee.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:12-cv-00066-REP) Before SHEDD, DIAZ, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. James Clinton Patterson, Jr., Appellant Pro Se. Jonathan Holland Hambrick, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
James Clinton Patterson, Jr., a federal prisoner, appeals the district court's order dismissing his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2012) petition. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. Patterson v. Wilson, No. 3:12-cv-00066-REP (E.D. Va. Jan. 8, 2013). We deny Patterson's motion to appoint counsel and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED