United States v. Queen

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7471 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus NICHOLAS J. QUEEN, SR., Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Herbert Maletz, Senior Judge, sitting by designation. (CR-93-366-WMN, CA-97-1184-WMN) Submitted: February 29, 2000 Decided: March 16, 2000 Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Nicholas James Queen, Appellant Pro Se. Lynne Ann Battaglia, United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Nicholas James Queen appeals the district court’s order deny- ing his Fed. R. Civ. P. 60(b)(4) motion requesting immediate re- lease from federal incarceration. Because the claims raised in the motion do not fall within the parameters of Rule 60(b), we affirm. To the extent that Queen challenges federal authorities’ power to take custody of him after his release from state custody, that claim should be raised in a 28 U.S.C.A. § 2241 (West Supp. 1999) motion brought in the district of confinement. To the extent that Queen objects to the district court’s letter to the Bureau of Prisons clarifying that the court’s intent was that Queen’s federal sentence run concurrently with his state sentence, we note that the letter did not amend or modify Queen’s original sentence. We dis- pense 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 2