UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6178
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MAURICE FOSTER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, District
Judge. (7:05-cv-00770-SGW; 95-cr-242-12)
Submitted: July 12, 2006 Decided: July 27, 2006
Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Maurice Foster, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Maurice Foster appeals the district court’s order denying
relief on his petition, filed under 28 U.S.C. § 2241 (2000),
asserting error under United States v. Booker, 543 U.S. 220 (2005),
and the district court’s order denying his Fed. R. Civ. P. 59(e)
motion for reconsideration of that order. As the district court
correctly concluded, Foster does not meet the standard under In re
Jones, 226 F.3d 328, 333-34 (4th Cir. 2000); thus, he was not
entitled to proceed under § 2241.* Accordingly, we affirm the
denial of relief. We grant Foster leave to proceed in forma
pauperis on appeal. 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
*
The district court also construed the petition as a motion
under 28 U.S.C. § 2255 (2000), and dismissed it as successive.
Because the district court did not have jurisdiction under § 2255
to consider the validity of Foster’s sentence on his convictions
arising out of the Northern District of Illinois, we decline to
consider this case under § 2255.
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