Opinion
No. 09-15625.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 4, 2010.
German Duenez, Taft, CA, pro se.
Bureau of Prisons Regional Counsel, U.S. Department of Justice, Stockton, CA, Mark J. McKeon, Esquire, Assistant U.S., USF-Office of the U.S. Attorney, Fresno, CA, Dale Patrick, Esquire, Taft, CA, Andje Morovich Medina, Esquire, Lewis Brisbois Bisgaard Smith LLP, San Francisco, CA, for Respondent-Appellee.
Appeal from the United States District Court for the Eastern District of California, Oliver W. Wanger, District Judge, Presiding. D.C. No. l:07-cv-01724-OWW.
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Former federal prisoner German Duenez appeals pro se from the district court's judgment dismissing his 28 U.S.C. § 2241 petition. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Duenez contends that the Bureau of Prisons erred by declining to give him credit toward his federal sentence for the time he served in state custody before he was convicted and sentenced in federal court. The district court properly denied the petition because Duenez is not entitled to credit for time served for a separate state offense. See 18 U.S.C. § 3585(b); see also Taylor v. Reno, 164 F.3d 440, 444-45 (9th Cir. 1998); Thomas v. Brewer, 923 F.2d 1361, 1366-67 (9th Cir. 1991).