UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7962
ANDRE CHUNG,
Petitioner - Appellant,
v.
JOHN OWENS, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Terry L. Wooten, District Judge.
(3:09-cv-02115-TLW)
Submitted: March 22, 2010 Decided: April 8, 2010
Before NIEMEYER, DUNCAN, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Andre Chung, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Andre Chung, a federal prisoner, appeals the district
court’s order denying relief on his 28 U.S.C. § 2241 (2006)
petition. We have reviewed the record and find no reversible
error. Accordingly, we grant leave to proceed in forma pauperis
and affirm for the reasons stated by the district court. *
Chung v. Owens, No. 3:09-cv-02115-TLW (D.S.C. Oct. 9, 2009). 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
*
In addition to the claims addressed by the district court,
Chung contended that a negligent homicide conviction was
improperly treated as a crime of violence, adversely impacting
both his advisory Guidelines range and his custody
classification. Section 2241 is not the proper vehicle for
challenging alleged inaccuracies in a presentence report. See
United States v. Benchimol, 471 U.S. 453, 457 (1985) (Stevens,
J., concurring). With respect to the conviction’s impact on his
custody classification, Chung has failed to state a claim. See
McKune v. Lile, 536 U.S. 24, 39-40 (2002); Slezak v. Evatt, 21
F.3d 590, 594 (4th Cir. 1994).
2