David Glenn Green v. Justin F. Andrew

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999790780-2]. Originating case number: 5:15-cv-00097-FDW. Copies to all parties and the district court/agency [999937019]. Mailed to: David Glenn Green. [16-6421]

Appeal: 16-6421

Doc: 8

Filed: 09/28/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6421

DAVID GLENN GREEN,
Petitioner – Appellant,
v.
JUSTIN F. ANDREWS,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Frank D. Whitney,
Chief District Judge. (5:15-cv-00097-FDW)

Submitted:

September 20, 2016

Decided:

September 28, 2016

Before MOTZ, KING, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David Glenn Green, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6421

Doc: 8

Filed: 09/28/2016

Pg: 2 of 2

PER CURIAM:
David Glenn Green appeals from the district court’s order
denying his 28 U.S.C. § 2241 (2012) petition.

Green contends

that he is no longer a career offender after Johnson v. United
States,

135

S.

Ct.

2551

(2015).

However,

Green

received

mandatory life sentence under 18 U.S.C. § 3559(c) (2012).

a
As

such, his sentence was not driven by his career offender status.
While Green contends that he was incorrectly sentenced under
§ 3559(c), we hold that this claim is not cognizable under 28
U.S.C.

§ 2241

Accordingly,

(2012),

although

given
we

the

grant

facts

leave

to

of

Green’s

proceed

pauperis, we affirm the district court’s order.

in

case.
forma

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

2