U.S. Court of Appeals for the Fifth Circuit, 1999

White v. Guzik

White v. Guzik
U.S. Court of Appeals for the Fifth Circuit · Decided December 16, 1999

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. § 2241 habeas 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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