LaFradez v. Andrews
LaFradez v. Andrews
Opinion of the Court
MEMORANDUM
Bailon LaFradez appeals pro se the denial of his 28 U.S.C. § 2241 petition for a writ of habeas corpus. We have jurisdiction. 28 U.S.C. § 2253. We review de novo the denial of a petition filed under 28 U.S.C. § 2241, see Taylor v. Sawyer, 284 F.3d 1143, 1147 (9th Cir. 2002), cert. denied, — U.S. -, 123 S.Ct. 889, 154 L.Edüd 799 (2003) (No. 02-7092), and we vacate and remand.
LaFradez contends that he is entitled to custody credit toward his federal sentence
The district court concluded that LaFradez received credit on his state sentence for time served in state custody, so there was no need to credit the federal sentence. See 18 U.S.C. § 3585(b)(2); Alien v. Crabtree, 153 F.3d 1030, 1033 (9th Cir. 1998) (recognizing that 18 U.S.C. § 3585(b) prohibits double credits). However, based on our review of the record, it appears that LaFradez may not have received full credit for the time he spent in state custody pending his convictions.
VACATED and REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. The federal prison employee’s affidavit is general and provides no specifics about the Hawaii sentence calculations. Therefore, the affidavit is insufficient to allow us to calculate the appropriate credit, if any.
Reference
- Full Case Name
- Bailon Pascua LaFRADEZ, Petitioner—Appellant v. Raymond ANDREWS, Warden, Respondent—Appellee
- Status
- Published