Cravero v. Miles , 111 F. App'x 281 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 15, 2004
Charles R. Fulbruge III
Clerk
No. 04-40345
Summary Calendar
RICHARD DOUGLAS CRAVERO,
Petitioner-Appellant,
versus
R. D. MILES,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:03-CV-84-HC-WCR
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Richard Douglas Cravero, federal prisoner # 34117-019,
appeals the district court’s denial of his 28 U.S.C. § 2241petition. He asserts that the Bureau of Prisons has improperly
calculated his sentence by not giving him federal credit for
twelve years that he spent in state custody following his
sentencing for his federal drug conviction, in contravention of
the intent of the sentencing judge that he receive credit for
that time. Cravero has not established that the district court
*
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this opinion should not be published and is not precedent except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.
No. 04-40345
-2-
clearly erred in finding that the sentencing judge did not
request that the federal sentence run concurrently with the state
sentences and that as a result Cravero was not entitled to the
credit in question. See United States v. Wilson, 503 U.S. 329,
31-32, 334 (1992); Royal v. Tombone, 141 F.3d 596, 599 (5th Cir.
1998). The judgment of the district court is therefore AFFIRMED.