# George Vargas v. R. Brown

> Court of Appeals for the Fourth Circuit · June 27, 2024

URL: https://www.frixlaw.com/law-library/cases/10453432

## Case

- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** June 27, 2024
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10453432

## How later opinions describe it (automated extraction)

- holding that petitioner cannot use § 2241 petition to mount successive collateral attack on validity of federal sentence

## Opinion text

USCA4 Appeal: 23-7265 Doc: 9 Filed: 06/27/2024 Pg: 1 of 2

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-7265 Doc: 9 Filed: 06/27/2024 Pg: 2 of 2

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

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10453432. Public record. Not legal advice.