U.S. Court of Appeals for the Fifth Circuit, 2008

Roth v. Young

Roth v. Young
U.S. Court of Appeals for the Fifth Circuit · Decided March 18, 2008 · Jones, Reavley, Prado
270 F. App'x 322

Roth v. Young

Opinion

PER CURIAM: *

John Paul Roth, federal prisoner # 76094-079, appeals the dismissal of his 28 U.S.C. § 2241 habeas corpus petition. Roth is currently serving a 264-month prison sentence imposed by the Southern District of Texas for conspiracy to possess with intent to distribute marijuana and conspiracy to launder monetary instruments. The sentence was to run concurrently with a previously imposed Texas state sentence of 20 years in prison for possession of a controlled substance and possession of marijuana. Roth argues that the district court erred in not properly applying U.S.S.G. § 5G1.3(b) to adjust his sentence and that the Bureau of Prisons (BOP) has not properly credited him with time served.

Whether the district court should have reduced his sentence pursuant to § 5G1.3(b) is an issue that challenges the correctness of Roth’s sentence; therefore, Roth is not entitled to proceed under § 2241. See Jeffers v. Chandler, 253 F.3d 827, 830 (5th Cir. 2001). Roth is not entitled to relief on the remaining issues because he has failed to exhaust his administrative remedies through the BOP as required. See Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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