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  • McNeair v. Stansberry, 4th Cir. (2006)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Jeffrey McNeair's petition under 28 U.S.C. § 2241. McNeair, a federal prisoner, raised claims under United States v. Booker in his § 2241 petition. The Court of Appeals reviewed the record and concluded that McNeair could not proceed under § 2241 because he did not meet the standard set forth in In re Jones for challenging his conviction or sentence. The Court affirmed the denial of relief without oral argument.

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    Filed: 2006-10-10 Precedential Status: Non-Precedential Docket: 06-6737

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Jeffrey McNeair's petition under 28 U.S.C. § 2241. McNeair, a federal prisoner, raised claims under United States v. Booker in his § 2241 petition. The Court of Appeals reviewed the record and concluded that McNeair could not proceed under § 2241 because he did not meet the standard set forth in In re Jones for challenging his conviction or sentence. The Court affirmed the denial of relief without oral argument.

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    3 views2 pages

    McNeair v. Stansberry, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Jeffrey McNeair's petition under 28 U.S.C. § 2241. McNeair, a federal prisoner, raised claims under United States v. Booker in his § 2241 petition. The Court of Appeals reviewed the record and concluded that McNeair could not proceed under § 2241 because he did not meet the standard set forth in In re Jones for challenging his conviction or sentence. The Court affirmed the denial of relief without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6737

    JEFFREY DENNARD MCNEAIR,


    Petitioner - Appellant,
    versus
    PATRICIA R. STANSBERRY; BUREAU OF PRISONS;
    HARLEY LAPPIN; P. GUANJA, Regional Director;
    ALBERTO R. GONZALES,
    Respondents - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Dever, III,
    District Judge. (5:06-hc-00011-D)

    Submitted: September 28, 2006

    Decided: October 10, 2006

    Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Jeffrey Dennard McNeair, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jeffrey Dennard McNeair, a federal prisoner, filed a
    petition under 28 U.S.C. 2241 (2000), raising claims under United
    States v. Booker, 543 U.S. 220 (2005).

    We have reviewed the record

    and the district courts opinion and conclude that McNeair cannot
    proceed under 2241 because he does not meet the standard set
    forth in In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000).
    Accordingly, we affirm the denial of relief. 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 -

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