Durrell Jackson v. C. Zych

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999453581-2]. Originating case number: 7:14-cv-00077-GEC-RSB. Copies to all parties and the district court. [999479861]. Mailed to: Appellant. [14-7338]

Appeal: 14-7338

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7338

DURRELL KAYE JACKSON,
Petitioner – Appellant,
v.
C. ZYCH, Warden, USP Lee,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Glen E. Conrad, Chief
District Judge. (7:14-cv-00077-GEC-RSB)

Submitted:

November 18, 2014

Decided:

November 21, 2014

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Durrell Kaye Jackson, Appellant Pro Se. Kartic Padmanabhan,
OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-7338

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PER CURIAM:
Durrell

Kaye

Jackson

appeals

the

district

court’s

order dismissing without prejudice his 28 U.S.C. § 2241 (2012)
petition.

Jackson’s petition sought retroactive application of

the Fair Sentencing Act, arguing that the Act invalidates his
2002

life

enterprise.

sentence
Jackson

for

engaging

was

effective date of the Act.

in

sentenced,

a

continuing

however,

criminal

prior

to

the

We have reviewed the record and the

arguments on appeal and conclude that Jackson’s claim is without
merit.

See United States v. Bullard, 645 F.3d 237, 248-49 (4th

Cir. 2011).

Accordingly, we grant leave to proceed in forma

pauperis and affirm the district court’s judgment.

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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