Opinion
No. 18-17255
05-29-2019
WAYNE GINNIS, Petitioner-Appellant, v. J. T. SHARTLE, Warden, Respondent-Appellee.
NOT FOR PUBLICATION
D.C. No. 4:17-cv-00515-JAS MEMORANDUM Appeal from the United States District Court for the District of Arizona
James Alan Soto, District Judge, Presiding Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Federal prisoner Wayne Ginnis appeals pro se from the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Ginnis contends that he is entitled to a recalculation of his sentence to correct an error regarding his target release date and to include credit for time served. We review the denial of a habeas petition de novo, and review factual findings for clear error. See Zavala v. Ives, 785 F.3d 367, 370 (9th Cir. 2015). Because the time that Ginnis seeks to credit to his federal sentence was credited to his state sentence, he is not entitled to any additional credit for time served. See 18 U.S.C. § 3585(b); United States v. Wilson, 503 U.S. 329, 337 (1992). We therefore affirm the district court's denial of relief as to this claim. See Manta v. Chertoff, 518 F.3d 1134, 1146 (9th Cir. 2008) (appellate court may affirm on any ground supported by the record). The district court and the magistrate judge stated that the proper target release date for his sentence is April 3, 2020, rather than August 17, 2020. We agree with the district court that this issue is best addressed in a separate habeas proceeding.
Appellant's motion to file a supplemental brief is granted. The clerk will file the brief submitted at Docket Entry No. 11.
AFFIRMED.