White v. Guzik
White v. Guzik
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-10622 Conference Calendar
REGINALD WHITE,
Petitioner-Appellant,
versus
ROBERT GUZIK, Warden, Federal Medical Center, Federal Bureau of Prisons,
Respondent-Appellee.
- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:99-CV-243-E - - - - - - - - - -
December 15, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Reginald White, a federal prisoner (# 21182-034), appeals
the district court’s summary dismissal of his
28 U.S.C. § 2241habeas corpus petition. White contends that, under
18 U.S.C. § 3621(e)(2)(B), he was entitled to early release from his
sentence for possession of a firearm by a convicted felon, a
violation of
18 U.S.C. § 922(g), because he completed a 500-hour
drug-abuse treatment program and was a “nonviolent” offender.
The district court held that such claim was precluded by Venegas
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 99-10622 -2-
v. Henman,
126 F.3d 760(5th Cir. 1997), cert. denied,
523 U.S. 1108(1998), in which this court held that it was within the
discretion of the Bureau of Prisons to exclude from
classification as “nonviolent” offenders those inmates who had
been convicted of possession of a firearm by a felon. Venegas,
126 F.3d at 764-65. The district court was correct in concluding
that a claim virtually identical to White’s claim was “squarely
rejected” by this court in Venegas. Accordingly, the dismissal
of White’s § 2241 petition is AFFIRMED.
Reference
- Status
- Unpublished