Surasky v. Dobre ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS October 15, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-40251
Summary Calendar
DAVID GREGORY SURASKY,
Petitioner-Appellant,
versus
JONATHON DOBRE, Warden,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:02-CV-126
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Before JOLLY, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:*
David Gregory Surasky, federal inmate # 52646-080, appeals
the denial of his petition for habeas relief filed pursuant to 28
U.S.C. § 2241. Surasky argues that the district court erred when
it determined that he was not entitled to presentence credit
toward his federal sentence for time he spent in official
detention before the commencement of the sentence for which he is
currently incarcerated. Under the provisions of 18 U.S.C.
*
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that this opinion should not be published and is not precedent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. 03-40251
-2-
§ 3585(b), the Bureau of Prisons (BOP) was not required to give
Surasky the credit he sought because he had already received the
credit against his state sentence. See United States v. Wilson,
503 U.S. 329. 334 (1992).
Surasky’s argument that the most recent decision of the BOP
denying him credit toward his federal sentence is barred by the
equitable principles of res judicata and collateral estoppel
because the issue was decided in the first administrative hearing
on his request for credit fails because Surasky presents no final
judgment from that hearing. See Vasquez v. Bridgestone/Firestone,
Inc., 325 F.3d 665, 675 (5th Cir. 2003). The judgment of the
district court denying Surasky relief under 28 U.S.C. § 2241 is
AFFIRMED.
Surasky’s motion to expedite the instant appeal is DENIED.