UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7461
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ARTHUR PETER PELKEY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. Claude M. Hilton, Chief District
Judge. (CR-97-160-A)
Submitted: December 22, 1998 Decided: January 26, 1999
Before WILKINS and WILLIAMS, Circuit Judges, and HALL, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Arthur Peter Pelkey, Appellant Pro Se. Thomas Higgins McQuillan,
OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Arthur Peter Pelkey appeals a district court’s marginal order
denying his motion for release to home confinement. We have re-
viewed the record and find that the district court did not err in
denying the motion. Because Pelkey was not eligible for release to
home confinement until December 1, 1998, months after he filed his
motion, see 18 U.S.C.A. § 3624(c) (West Supp. 1998), and he did not
exhaust the necessary administrative remedies, see 28 C.F.R.
§ 542.10 (1998), Pelkey was not entitled to the relief he seeks.
Accordingly, we affirm the district court’s denial of Pelkey’s
motion. 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
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