U.S. Court of Appeals for the Ninth Circuit, 2019

United States v. John Turnquist

United States v. John Turnquist
U.S. Court of Appeals for the Ninth Circuit · Decided July 15, 2019

United States v. John Turnquist

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 15 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-15641 Plaintiff-Appellee, D.C. Nos. 1:12-cr-00173-AWI-BAM-1 v. 1:16-cv-00565-AWI JOHN TURNQUIST, MEMORANDUM* Defendant-Appellant. and ORDER Appeal from the United States District Court for the Eastern District of California Anthony W. Ishii, District Judge, Presiding Submitted July 8, 2019** Portland, Oregon Before: FERNANDEZ, GRABER, and OWENS, Circuit Judges.

Federal prisoner John Turnquist appeals from the district court’s denial of his petition for a writ of habeas corpus. We review de novo the district court’s denial of Turnquist’s petition, Stephens v. Herrera, 464 F.3d 895, 897 (9th Cir. 2006), and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

The First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194, includes an amendment to 18 U.S.C. § 3624(b) – the good time credit provision – providing federal prisoners the possibility of seven additional days of good time credit per year. § 102(b), 132 Stat. at 5210. Turnquist argues that this amendment took effect upon the Act’s enactment on December 21, 2018, and, therefore, requires the Bureau of Prisons to immediately re-calculate his sentence, which would accelerate his projected release date and consequently his transfer to a community corrections facility.

However, our decision filed today in Bottinelli v. Salazar, No. 19-35201 (9th Cir. 2019), resolves this issue. There, we held that the Act’s good time credit amendment was not immediately effective upon enactment but will become so with the establishment of the “risk and needs assessment system” on July 19, 2019 – 210 days after the Act’s enactment. See §§ 101(a), 102(b), 132 Stat. at 5196-97, 5213. For the reasons explained in Bottinelli, we affirm the denial of Turnquist’s habeas petition.1 AFFIRMED.

We grant Turnquist’s unopposed request for judicial notice. Dkt. No. 20.

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