United States v. Brown

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7011 JAMES ALBERT BROWN, Plaintiff - Appellant, versus UNITED STATES OF AMERICA, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CA- 95-443-3) Submitted: October 18, 2002 Decided: November 26, 2002 Before MOTZ, TRAXLER, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. James Albert Brown, Appellant Pro Se. Nancy Chastain Wicker, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: James Brown appeals the district court’s order denying his petition for a writ of quo warranto. We conclude Brown was required to challenge his conviction and sentence via a 28 U.S.C. § 2255 (2000) motion, or, if that remedy proved inadequate or ineffective, by filing a petition pursuant to 28 U.S.C. § 2241 (2000). Thus, Brown was not entitled to a writ of quo warranto. Accordingly, we affirm the district court’s judgment denying Brown’s petition. 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 2