U.S. Court of Appeals for the Ninth Circuit, 2013

John Calvert v. J. Thomas

John Calvert v. J. Thomas
U.S. Court of Appeals for the Ninth Circuit · Decided March 12, 2013 · Tashima, Clifton, Bea
511 F. App'x 621

John Calvert v. J. Thomas

Opinion

MEMORANDUM *

John Calvert appeals the district court’s denial of his 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 1291 and § 2253(a), and we affirm.

Calvert challenges the decision of the Bureau of Prisons not to grant him prior-custody credit, against his 270 month federal sentence, for time he served in Washington state custody before his federal sentence was imposed. His claim fails.

First, the Bureau of Prisons had the authority to calculate prior-custody credit, and was not bound by the sentencing court’s recommendation. See United States v. Wilson, 503 U.S. 329, 333-35,112 S.Ct. 1351, 117 L.Ed.2d 593 (1992); Taylor v. Reno, 164 F.3d 440, 446 (9th Cir. 1998).

Second, pursuant to 18 U.S.C. § 3585(b), the Bureau properly denied Calvert’s request because that time had already been credited against his state sentence. Wilson, 503 U.S. at 333,112 S.Ct. 1351.

Nothing in our decision suggests that Calvert cannot seek an adjustment of his sentence with the original sentencing court. The government indicated that it would not object to the sentencing court considering whether Calvert’s sentence should be corrected in light of the Bureau’s calculation of Calvert’s projected release date and the conclusion of these proceedings.

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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