McClinton v. US

Filing 920060727

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-6128

DAVID CHARLES MCCLINTON, Petitioner - Appellant, versus UNITED STATES OF AMERICA; ALBERTO R. GONZALES; W. F. DALIUS, Warden at FCI Butner-Medium, Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:90-cr-17-S; 5:04-hc-00983-FL)

Submitted:

July 17, 2006

Decided:

July 27, 2006

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David Charles McClinton, Appellant Pro Se. Steve R. Matheny, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: David Charles McClinton, a federal prisoner, appeals the district court's order denying relief on his 28 U.S.C. § 2241 (2000) petition. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated by the district court. McClinton v. United States, No. 5:04-hc-00983FL (E.D.N.C. Dec. 22, 2005). 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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