Eddlemon v. Fleming , 102 F. App'x 881 ( 2004 )


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  •                                                                                           United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    July 20, 2004
    FOR THE FIFTH CIRCUIT
    Charles R. Fulbruge III
    Clerk
    No. 04-10200
    Summary Calendar
    WAYNE EDDLEMON,
    Petitioner-
    Appellant,
    versus
    L.E. FLEMING, Warden, Federal Medical Center - Fort Worth,
    Respondent-
    Appellee.
    -------------------------------------------------------------
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 4:03-CV-1358-A
    -------------------------------------------------------------
    Before SMITH, DeMOSS and STEWART, Circuit Judges.
    PER CURIAM:*
    Wayne Eddlemon, federal prisoner #23004-112, appeals the dismissal of his 
    28 U.S.C. § 2241
    petition in which he challenged the loss of good-time credits following his disciplinary conviction for
    fighting. In his petition, he argued that because he was a pretrial detainee at the time that he
    committed the offense that led to his disciplinary conviction and because he had not been sentenced
    *
    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 R. 47.5, the court has determined that this opinion should not be
    published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
    to a term of imprisonment at that time, the loss of good-time credits was not an available sanction.
    At the time that Eddlemon was found guilty of the disciplinary case, he was a convicted and
    sentenced prisoner. Thus, the loss of good-time credit was an available sanction for the disciplinary
    case. Given the foregoing, the judgment of the district court is affirmed. Royal v. Tombone, 
    141 F.3d 596
    , 599 (5th Cir. 1998).
    AFFIRMED.
    -2-
    

Document Info

Docket Number: 04-10200

Citation Numbers: 102 F. App'x 881

Judges: Smith, Demoss, Stewart

Filed Date: 7/20/2004

Precedential Status: Non-Precedential

Modified Date: 10/19/2024