MEDLEY v. PERDUE (2019)

United States Court of Appeals, Fourth Circuit.

Jeff MEDLEY, Petitioner-Appellant, v. R. A. PERDUE, Respondent-Appellee.

No. 14-7243

Decided: February 08, 2019

Before KEENAN, HARRIS, and QUATTLEBAUM, Circuit Judges.

Jeff Medley, Appellant Pro Se.

Jeff Medley appeals from the district court's order denying his 28 U.S.C. § 2241 (2012) petition. The district court ruled that Medley'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 United States v. Wheeler, 886 F.3d 415, 426 (4th Cir. 2018), and Lester v. Flournoy, 909 F.3d 708, 713–14 (4th Cir. 2018).

Accordingly, we grant leave to proceed in forma pauperis, vacate the district court's order and remand for further consideration of Medley's petition. We deny Medley's motion for appointment of counsel. 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Vacated and remanded by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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