McDaniel v. Wendt , 87 F. App'x 390 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 18, 2004
Charles R. Fulbruge III
Clerk
No. 03-10677
Conference Calendar
JEFFERY MCDANIEL,
Petitioner-Appellant,
versus
K. J. WENDT; KATHLEEN HAWK SAWYER,
Respondents-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CV-00454-H
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Jeffery McDaniel, federal prisoner # 08769-078, appeals the
district court’s denial of his 28 U.S.C. § 2241 petition alleging
that his constitutional rights were violated when the Bureau
of Prisons (“BOP”) denied him a one-year sentence reduction,
pursuant to 18 U.S.C. § 3621(e), after initially informing him
that he was eligible for such a reduction.
McDaniel renews his argument that the denial of the one-year
credit violated his due process rights and that promissory
*
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that this opinion should not be published and is not precedent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. 03-10677
-2-
estoppel should prevent the BOP from reneging on its statement
of eligibility. His claims fail because there is no protected
liberty interest in early release under 18 U.S.C. § 3621(e).
See Rublee v. Fleming, 160 F.3d 213, 216 (5th Cir. 1998); Venegas
v. Henman, 126 F.3d 760, 765 (5th Cir. 1997) (“[t]he loss of
the mere opportunity to be considered for discretionary early
release is too speculative to constitute a deprivation of a
constitutionally protected liberty interest”). Accordingly, the
district court did not err in denying McDaniel’s petition, and
its judgment is AFFIRMED.