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Roberts v. Tews

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 15, 2015
599 F. App'x 778 (9th Cir. 2015)

Opinion

No. 14-55354

04-15-2015

MICHAEL ROBERTS, a.k.a. Kedrin Kizzee, Petitioner - Appellant, v. RANDY L. TEWS, Warden, Respondent - Appellee.


NOT FOR PUBLICATION

D.C. No. 2:13-cv-06595-GAF MEMORANDUM Appeal from the United States District Court for the Central District of California
Gary A. Feess, District Judge, Presiding
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Federal prisoner Michael Roberts appeals pro se from the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition challenging the computation of his custody credits. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Roberts contends that he is entitled to credit towards his federal sentence for the time he served between February 22, 2000, and January 7, 2003. This court reviews the district court's denial of a habeas corpus petition de novo. See Schleining v. Thomas, 642 F.3d 1242, 1246 (9th Cir. 2011). The district court correctly found that Roberts was serving time on a state sentence during the relevant time period, thereby precluding credit towards his federal sentence for the same period. See 18 U.S.C. § 3585(b); United States v. Wilson, 503 U.S. 329, 337 (1992).

AFFIRMED.


Summaries of

Roberts v. Tews

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 15, 2015
599 F. App'x 778 (9th Cir. 2015)
Case details for

Roberts v. Tews

Case Details

Full title:MICHAEL ROBERTS, a.k.a. Kedrin Kizzee, Petitioner - Appellant, v. RANDY L…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 15, 2015

Citations

599 F. App'x 778 (9th Cir. 2015)