Sawyer-House v. Wolf

Full title: TIMOTHY L. SAWYER-HOUSE, Petitioner - Appellant, v. WARDEN WOLF…

Court: United States Court of Appeals, Fourth Circuit

Date published: Feb 22, 2023

No. 22-6975 (4th Cir. Feb. 22, 2023)

Opinion

22-6975

02-22-2023

TIMOTHY L. SAWYER-HOUSE, Petitioner - Appellant, v. WARDEN WOLF, Respondent - Appellee.

Timothy L. Sawyer-House, Appellant Pro Se.

PER CURIAM:

UNPUBLISHED

Submitted: February 16, 2023

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:22-cv-00056-JPB)

Timothy L. Sawyer-House, Appellant Pro Se.

Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Timothy L. Sawyer-House, a federal prisoner, appeals the district court's order accepting the recommendation of the magistrate judge and denying relief on Sawyer-House's 28 U.S.C. § 2241 petition in which Sawyer-House sought to challenge his conviction by way of the savings clause in 28 U.S.C. § 2255. Pursuant to § 2255(e), a prisoner may challenge his conviction in a traditional writ of habeas corpus pursuant to § 2241 if a § 2255 motion would be inadequate or ineffective to test the legality of his detention.

[Section] 2255 is inadequate and ineffective to test the legality of a conviction when: (1) at the time of conviction, settled law of this circuit or the Supreme Court established the legality of the conviction; (2) subsequent to the prisoner's direct appeal and first § 2255 motion, the substantive law changed such that the conduct of which the prisoner was convicted is deemed not to be criminal; and (3) the prisoner cannot satisfy the gatekeeping provisions of § 2255 because the new rule is not one of constitutional law.

In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000).

We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Sawyer-House v. Wolf, No. 5:22-cv-00056-JPB (N.D. W.Va. Aug. 8, 2022). 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