Palacio v. Stansberry , 227 F. App'x 207 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7567
JORGE PALACIO,
Petitioner - Appellant,
versus
PATRICIA R. STANSBERRY,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
District Judge. (5:06-hc-02132-FL)
Submitted: March 29, 2007 Decided: April 3, 2007
Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jorge Palacio, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jorge Palacio, a federal prisoner, filed a petition under
28 U.S.C. § 2241 (2000), challenging his sentence in light of
United States v. Booker, 543 U.S. 220 (2005), and asserting that
the imposition of a term of supervised release violated the Double
Jeopardy Clause. We have reviewed the record and the district
court’s opinion and conclude that Palacio cannot proceed under
§ 2241 because he does not meet the standard set forth in In re
Jones, 226 F.3d 328, 333-34 (4th Cir. 2000). Accordingly, we
affirm the denial of relief. Palacio’s motion to proceed in forma
pauperis on appeal is granted. 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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