Opinion
No. 10-56800 D.C. No. 2:10-cv-03070-AG
04-22-2013
VERNON ALVIN LOUISVILLE, Jr., Petitioner - Appellant, v. A. W. GIBBS, Respondent - Appellee.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Federal prisoner Vernon Alvin Louisville, Jr. appeals pro se from the district court's judgment denying his 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 1291. We review the denial of a section 2241 habeas petition de novo and factual findings for clear error, see Reynolds v. Thomas, 603 F.3d 1144, 1148 (9th Cir. 2010), and we affirm.
Louisville contends that he is entitled to credit toward his federal sentence for the time he served in state custody before he was released to federal authorities on September 14, 2007. This argument fails because the time Louisville spent in state custody was already credited toward his state sentence. See 18 U.S.C. § 3585(b); Allen v. Crabtree, 153 F.3d 1030, 1033 (9th Cir. 1998) (noting that section 3585(b) disallows double crediting for time served).
AFFIRMED.