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Nathan Hill v. Warden of Lee County, 20-6305 (2020)

Court: Court of Appeals for the Fourth Circuit Number: 20-6305 Visitors: 9
Filed: Jul. 28, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6305 NATHAN L. HILL, Petitioner - Appellant, v. WARDEN OF LEE COUNTY, U.S.P., Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Elizabeth Kay Dillon, District Judge. (7:18-cv-00166-EKD-JCH) Submitted: July 23, 2020 Decided: July 28, 2020 Before WILKINSON, MOTZ, and RICHARDSON, Circuit Judges. Affirmed by unpublished per curiam opinion. Nathan L. Hill, Appel
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                      No. 20-6305


NATHAN L. HILL,

                    Petitioner - Appellant,

             v.

WARDEN OF LEE COUNTY, U.S.P.,

                    Respondent - Appellee.



Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. Elizabeth Kay Dillon, District Judge. (7:18-cv-00166-EKD-JCH)


Submitted: July 23, 2020                                          Decided: July 28, 2020


Before WILKINSON, MOTZ, and RICHARDSON, Circuit Judges.


Affirmed by unpublished per curiam opinion.


Nathan L. Hill, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       Nathan L. Hill, a federal prisoner, appeals the district court’s order denying relief

without prejudice on his 28 U.S.C. § 2241 (2018) petition in which he sought to challenge

his sentence by way of the savings clause in 28 U.S.C. § 2255 (2018). 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.

       [Section] 2255 is inadequate and ineffective to test the legality of a sentence
       when: (1) at the time of sentencing, settled law of this circuit or the Supreme
       Court established the legality of the sentence; (2) subsequent to the prisoner’s
       direct appeal and first § 2255 motion, the aforementioned settled substantive
       law changed and was deemed to apply retroactively on collateral review; (3)
       the prisoner is unable to meet the gatekeeping provisions of § 2255(h)(2) for
       second or successive motions; and (4) due to this retroactive change, the
       sentence now presents an error sufficiently grave to be deemed a fundamental
       defect.

United States v. Wheeler, 
886 F.3d 415
, 429 (4th Cir. 2018).

       We have reviewed the record and find no reversible error. Accordingly, we affirm

for the reasons stated by the district court. Hill v. Warden of Lee Cty., No. 7:18-cv-00166-

EKD-JCH (W.D. Va. Feb. 25, 2020). 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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