James F. Kane v. United States of America

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6839
JAMES F. KANE,
Petitioner - Appellant,
v.
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court for the Western District of North Carolina, at
Asheville. Martin K. Reidinger, Chief District Judge. (1:19-cv-00238-MR)
Submitted: September 28, 2023 Decided: October 2, 2023
Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ON BRIEF: Anthony Martinez, Federal Public Defender, Joshua B. Carpenter, Appellate
Chief, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville,
North Carolina, for Appellant. William T. Stetzer, Acting United States Attorney,
Elizabeth M. Greenough, Assistant United States Attorney, OFFICE OF THE UNITED
STATES ATTORNEY, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James F. Kane appeals the district court’s order dismissing Kane’s 28 U.S.C. § 2241
petition for lack of jurisdiction. In light of the Supreme Court’s recent decision in Jones v.
Hendrix, 143 S. Ct. 1857, 1867-69 (2023) (holding that petitioner cannot use § 2241
petition to mount successive collateral attack on validity of federal sentence), we conclude
that Kane cannot pursue his challenge in a § 2241 petition.
Accordingly, we affirm the district court’s order dismissing Kane’s § 2241 petition.
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

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