UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6021
JEROME CAPELTON,
Petitioner - Appellant,
v.
WARDEN,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. R. Bryan Harwell, District
Judge. (6:14-cv-01997-RBH)
Submitted: September 22, 2016 Decided: October 26, 2016
Before KEENAN and HARRIS, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jerome Capelton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jerome Capelton, a federal prisoner, appeals the district
court’s order accepting the recommendation of the magistrate
judge and denying relief on his 28 U.S.C. § 2241 (2012)
petition. “[W]e may affirm a district court’s ruling on any
ground apparent in the record,” United States ex rel. Drakeford
v. Tuomey, 792 F.3d 364, 375 (4th Cir. 2015), and we may take
judicial notice of court records, see City of Charleston v. A
Fisherman’s Best, Inc., 310 F.3d 155, 172 (4th Cir. 2002). The
United States Court of Appeals for the First Circuit has
recently noted that Capelton has three predicate convictions for
controlled substance offenses supporting his career offender
status. Capelton v. United States, No. 15-2163 (1st Cir.
Nov. 30, 2015). Thus, even assuming Capelton may successfully
challenge his predicate larceny conviction in a § 2241
proceeding, he would remain a career offender based on the
convictions identified by the First Circuit, and he would be
entitled to no relief. Accordingly, we affirm the district
court’s order. Capelton v. Warden, No. 6:14-cv-01997-RBH
(D.S.C. Nov. 18, 2014). We 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
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