George Antonio Vargas v. R. BROWN, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-7265
GEORGE ANTONIO VARGAS,
Petitioner - Appellant,
v.
R. BROWN, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Northern District of West Virginia, at
Martinsburg. Gina M. Groh, District Judge. (3:23-cv-00070-GMG-RWT)
Submitted: June 25, 2024 Decided: June 27, 2024
Before RICHARDSON and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
George Antonio Vargas, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
George Antonio Vargas, a federal prisoner, appeals the district court’s order
dismissing for lack of subject matter jurisdiction his 28 U.S.C. § 2241 petition in which he
sought to challenge his sentence by way of the savings clause in 28 U.S.C. § 2255.
Pursuant to § 2255(e), a prisoner may challenge his sentence in a traditional writ of habeas
corpus pursuant to § 2241 if a § 2255 motion would be inadequate or ineffective to test the
legality of his detention. In light of the Supreme Court decision in Jones v. Hendrix, 599
U.S. 465 (2023) (holding that petitioner cannot use § 2241 petition to mount successive
collateral attack on validity of federal sentence), we conclude that the district court
correctly determined that Vargas cannot pursue his claims in a § 2241 petition.
Accordingly, we affirm the district court’s order. Vargas v. Brown, No. 3:23-cv-
00070-GMG-RWT (N.D.W.V. Oct. 25, 2023). 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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