Le v. Berkebile
Le v. Berkebile
Opinion
Billy Minh Le, federal prisoner # 14946-064, appeals the district court’s *360 dismissal of his 28 U.S.C. § 2241 petition challenging a prison disciplinary proceeding in which the disciplinary hearing officer (DHO) determined that Le had possessed a weapon and gambling paraphernalia. Among other sanctions, Le lost 54 days of good conduct time. Le argues that the district court erred in determining that the evidence was sufficient to support the decision of the DHO.
Le has not shown that the district court erred in determining that there was “some evidence” in the record to support the DHO’s disciplinary decision as the DHO’s decision was based on the charging officer’s statement regarding the situation and Le’s behavior, the fact that the evidence was found in Le’s bunk, and Le’s demean- or as he presented his claim of innocence to the DHO. See Reeves v. Pettcox, 19 F.3d 1060, 1062 (5th Cir. 1994).
AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.