Sharu Bey v. B. SULLIVAN, Warden FCI Butner

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7164
SHARU BEY,
Petitioner - Appellant,
v.
B. SULLIVAN, Warden FCI Butner,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Richard E. Myers, II, Chief District Judge. (5:19-hc-02265-M)
Submitted: June 9, 2022 Decided: June 27, 2022
Before WYNN, RICHARDSON, and RUSHING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Sharu Bey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Sharu Bey, a federal prisoner, appeals the district court’s order dismissing without
prejudice his 28 U.S.C. § 2241 petition in which he sought to challenge his conviction and
sentence by way of the savings clause in 28 U.S.C. § 2255. Pursuant to § 2255(e), a
prisoner may challenge his conviction and sentence in a traditional writ of habeas corpus
under § 2241 if a § 2255 motion would be inadequate or ineffective to test the legality of
his detention. Here, the district court correctly determined that Bey may not challenge the
validity of his conviction and sentence through a § 2241 petition, as the conduct for which
he was convicted remains criminal, In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000), and
he failed to identify a retroactive change in the substantive law affecting his sentence,
United States v. Wheeler, 886 F.3d 415, 429 (4th Cir. 2018). Accordingly, we affirm for
the reasons stated by the district court. Bey v. Sullivan, No. 5:19-hc-02265-M (E.D.N.C.
July 8, 2021). 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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