ESCOBAR DE JESUS v. UNITED STATES (2020)

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

PER CURIAM:

Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.