US v. Tyreze Hughes, No. 12-7358 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7358 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TYREZE HUGHES, a/k/a Tony Jermain Milton, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, Senior District Judge. (2:09-cr-00682-PMD-1) Submitted: December 20, 2012 Decided: December 26, 2012 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed as modified by unpublished per curiam opinion. Tyreze Hughes, Appellant Pro Se. Robert Nicholas Bianchi, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM Tyreze Hughes seeks to appeal the district court s margin order that denied his motion for additional jail time credit. We jurisdiction conclude to that consider the district Hughes s court did claim because not such have claims, which challenge the execution of a sentence, must be filed in a petition under 28 U.S.C. § 2241 (2006), in the district court where the prisoner is confined. United States v. Miller, 871 F.2d 488, 489-90 (4th Cir. 1989). Hughes currently is confined in Beaver, West Virginia, but he filed the instant petition in the sentencing court in the District of South Carolina. Because the district court lacked jurisdiction, we affirm the denial of relief, as modified to reflect that the dismissal is without prejudice. legal before We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED AS MODIFIED 2

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