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Castro v. Andrews

United States Court of Appeals, Ninth Circuit
Sep 14, 2006
201 F. App'x 545 (9th Cir. 2006)

Opinion

Submitted September 11, 2006.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Hernan O'Ryan Castro, Leavenworth, KS, pro se.

Thomas E. Flynn, Esq., USSAC--Office of the U.S. Attorney, Sacramento, CA, for Respondent-Appellee.


Appeal from the United States District Court for the Eastern District of California

Page 546.

, Oliver W. Wanger, District Judge, Presiding. D.C. No. CV-04-06416-OWW.

Before: PREGERSON, T.G. NELSON, and GRABER, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Hernan O'Ryan Castro appeals pro se from the district court's judgment denying his 28 U.S.C. § 2241 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253. We review de novo the denial of a § 2241 petition, see Taylor v. Sawyer, 284 F.3d 1143, 1147 (9th Cir.2002), and we affirm.

Castro contends that the Bureau of Prisons' ("BOP") procedures for calculating good-time credit misinterpret federal statute 18 U.S.C. § 3624(b). Specifically, he contends that his good-time credit should be calculated based on the length of sentence imposed, rather than the time of sentence served. However, this contention is foreclosed. See Mujahid v. Daniels, 413 F.3d 991, 997-98 (9th Cir.2005), cert. denied, --- U.S. ----, 126 S.Ct. 2287, 164 L.Ed.2d 817 (2006) (noting the BOP's interpretation of 18 U.S.C. § 3624(b) is reasonable and subject to deference). Castro's attempts to distinguish Mujahid are unpersuasive. See Furguiel v. Benov, 155 F.3d 1046, 1048-49 (9th Cir.1998); see also Mujahid, 413 F.3d at 997-98.

The Clerk shall file the Addendum to Appellant's Request for a Judicial Recommendation received on July 11, 2006.

We deny all outstanding motions.

AFFIRMED.


Summaries of

Castro v. Andrews

United States Court of Appeals, Ninth Circuit
Sep 14, 2006
201 F. App'x 545 (9th Cir. 2006)
Case details for

Castro v. Andrews

Case Details

Full title:Hernan O'Ryan CASTRO, Petitioner--Appellant, v. Raymond ANDREWS, Warden…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 14, 2006

Citations

201 F. App'x 545 (9th Cir. 2006)