Creadell HUBBARD, Petitioner - Appellant, v. Christopher ZYCH, Warden, Respondent - Appellee.
Decided: January 10, 2019
Before GREGORY, Chief Judge, HARRIS, Circuit Judge, and HAMILTON, Senior Circuit Judge.
Creadell Hubbard, Appellant Pro Se.
Creadell Hubbard appeals from the district court's order denying his 28 U.S.C. § 2241 (2012) petition. The district court ruled that Hubbard's challenge to his career offender status was not cognizable under § 2241 pursuant to In re Jones, 226 F.3d 328 (4th Cir. 2000). However, when it issued its decision, the district court did not have the benefit of our decisions in United States v. Wheeler, 886 F.3d 415, 426 (4th Cir. 2018), and Lester v. Flournoy, 909 F.3d 708 (4th Cir. 2018). Accordingly, we grant leave to proceed in forma pauperis, vacate the district court's order, and remand for further consideration of Hubbard's petition, including any relevant jurisdictional issues. 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
Vacated and remanded by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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