BROOKS v. WILSON (2018)

United States Court of Appeals, Fourth Circuit.

Ashley Terrell BROOKS, Petitioner-Appellant, v. Eric WILSON, Warden, Respondent-Appellee.

No. 18-6116

Decided: August 03, 2018

Before TRAXLER, THACKER, and HARRIS, Circuit Judges.

Geremy C. Kamens, Federal Public Defender, Patrick L. Bryant, Appellate Attorney, Alexandria, Virginia, Joseph S. Camden, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond, Virginia, for Appellant. G. Zachary Terwilliger, United States Attorney, Alexandria, Virginia, Richard D. Cooke, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Ashley Terrell Brooks, a federal prisoner, appeals the district court's order dismissing with prejudice Brooks’ 28 U.S.C. § 2241 (2012) petition in which Brooks sought to challenge his armed career criminal designation. The district court determined that Brooks was unable to challenge his sentence under the savings clause of 28 U.S.C. § 2255(e) (2012). The district court did not have the benefit of our recent decision in United States v. Wheeler, 886 F.3d 415 (4th Cir. 2018). In light of Wheeler, we vacate the district court's order and remand the case for further proceedings. 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.

VACATED AND REMANDED

PER CURIAM:

Vacated and remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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