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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 15-4090
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ORILLION CRADDOCK,
Appellant
v.
WARDEN LEWISBURG USP
____________________________________
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil No. 3:15-cv-02168)
District Judge: Honorable Robert D. Mariani
____________________________________
Submitted for Possible Summary Action
Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
May 26, 2016
Before: FUENTES, KRAUSE, and SCIRICA, Circuit Judges
(Opinion filed: June 7, 2016)
_________
OPINION*
_________
PER CURIAM
Orillion Craddock, a federal prisoner proceeding pro se, appeals from an order of
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
the United States District Court for the Middle District of Pennsylvania dismissing his
petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. We will summarily
affirm. See 3d Cir. LAR 27.4; 3d Cir. I.O.P. 10.6.
I.
Following a 2008 trial, a federal jury sitting in the Eastern District of Virginia
found Craddock guilty of one count of possession of a firearm by a convicted felon, in
violation of 18 U.S.C. 922(g), and one count of possession of an unregistered sawed-off
shotgun, in violation of 26 U.S.C. 5861(d). He received a sentence of 120 months in
prison. His conviction and sentence were affirmed on appeal. United States v. Craddock,
364 F. Appx 842 (4th Cir. 2010) (per curiam).
Craddock subsequently sought relief under 28 U.S.C. 2255 without success. See
United States v. Craddock, 583 F. Appx 235 (4th Cir. 2014) (per curiam) (denying a
certificate of appealability). In 2015, Craddock filed this habeas petition pursuant to
2241 in the United States District Court for the Middle District of Pennsylvania, raising
claims that challenged his federal conviction. He contended, in part, that his conviction
should be overturned because 18 U.S.C. 922(g) violates the Commerce Clause. The
District Court dismissed the petition for lack of jurisdiction, concluding that Craddocks
claims could be raised only, if at all, in a 2255 motion. This appeal followed.
II.
petitioner may not use 2241 to evade the stringent gatekeeping requirements of 2255.
See Cradle, 290 F.3d at 539.
III.
Accordingly, we will affirm the District Courts order.