Opinion
No. 13-8013
06-01-2020
EUSEBIO ESCOBAR-DE JESUS, Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee.
Eusebio Escobar-De Jesus, Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Seth Morgan Wood, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:13-hc-02100-D) Before MOTZ, DIAZ, and RICHARDSON, Circuit Judges. Affirmed as modified by unpublished per curiam opinion. Eusebio Escobar-De Jesus, Appellant Pro Se. Jennifer P. May-Parker, Assistant United States Attorney, Seth Morgan Wood, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Eusebio Escobar-De Jesus, a federal prisoner, appeals the district court's order denying relief on his 28 U.S.C. § 2241 (2018) petition. We have reviewed the record and find no reversible error. Escobar cannot meet the test we set forth to raise a sentencing challenge in a § 2241 petition. See United States v. Wheeler, 886 F.3d 415, 429 (4th Cir. 2018). Accordingly, we affirm the district court's order. Escobar-De Jesus v. United States, No. 5:13-hc-02100-D (E.D.N.C. Dec. 6, 2013). However, we modify the district court's order to clarify that its dismissal of Escobar's petition is without prejudice. See S. Walk at Broadlands Homeowner's Ass'n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013); Rice v. Rivera, 617 F.3d 802, 807-08 (4th Cir. 2010). 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 AS MODIFIED