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HIRD v. ANDREWS (2018)

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United States Court of Appeals, Fourth Circuit.

Jabari HIRD, Petitioner-Appellant, v. Justin ANDREWS, Respondent-Appellee.

No. 18-6062

Decided: June 26, 2018

Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Jabari Hird, Appellant Pro Se.

Jabari Hird, a federal prisoner, appeals the district court's order denying relief on his 28 U.S.C. § 2241 (2012) petition. We have reviewed the record and find no reversible error in the district court's alternative reasoning.* Accordingly, we grant Hird leave to proceed in forma pauperis and affirm the district court's order. See Hird v. Andrews, No. 5:17-hc-02097-FL (E.D.N.C. Jan. 9, 2018). 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.



FOOTNOTE.   Specifically, the district court accurately observed that (a) the Supreme Court's ruling in Mathis v. United States, ––– U.S. ––––, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016), does not apply retroactively to cases on collateral review; and (b) the Supreme Court's ruling in Beckles v. United States, ––– U.S. ––––, 137 S.Ct. 886, 197 L.Ed.2d 145 (2017), foreclosed any potential for a challenge based on Johnson v. United States, ––– U.S. ––––, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), to Hird's career offender sentence, which was imposed pursuant to an advisory Sentencing Guidelines regime.


Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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