Foster v. US, No. 06-6178 (4th Cir. 2006)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6178 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MAURICE FOSTER, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:05-cv-00770-SGW; 95-cr-242-12) Submitted: July 12, 2006 Decided: July 27, 2006 Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Maurice Foster, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Maurice Foster appeals the district court s order denying relief on his petition, filed under 28 U.S.C. § 2241 (2000), asserting error under United States v. Booker, 543 U.S. 220 (2005), and the district court s order denying his Fed. R. Civ. P. 59(e) motion for reconsideration of that order. As the district court correctly concluded, Foster does not meet the standard under In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000); thus, he was not entitled to proceed under § 2241.* denial of relief. We grant Foster leave to proceed in forma pauperis on appeal. facts and materials legal before Accordingly, we affirm the We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED * The district court also construed the petition as a motion under 28 U.S.C. § 2255 (2000), and dismissed it as successive. Because the district court did not have jurisdiction under § 2255 to consider the validity of Foster s sentence on his convictions arising out of the Northern District of Illinois, we decline to consider this case under § 2255. - 2 -

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