Garza v. Conner , 101 F. App'x 973 ( 2004 )

United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS June 23, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-40644
Conference Calendar
MANUEL GARCIA GARZA, JR.,
Petitioner-Appellant,
versus
N. L. CONNER, Warden,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:00-CV-261
--------------------
Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Manuel Garcia Garza, Jr. (Garza), federal prisoner # 04668-
078, appeals the district court’s dismissal of his 28 U.S.C.
§ 2241 petition in which he challenged the Bureau of Prisons’
computation of the sentence for his conviction of possession with
intent to distribute 100 kilograms or more of marijuana. Garza
argues that the district court erred in determining that his
sentence runs consecutively to his prior state sentences.
*
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that this opinion should not be published and is not precedent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. 03-40644
-2-
Garza is not entitled to credit toward his federal sentence
for time served on his state sentences because he received credit
on his state sentences until he was released into federal
custody. See 18 U.S.C. § 3585(b); Leal v. Tombone, 341 F.3d 427,
428, 430 (5th Cir. 2003). Furthermore, because the federal
judgment did not state whether Garza’s sentence was to be served
concurrently with or consecutively to his state sentences, the
sentences are deemed to run consecutively. See 18 U.S.C.
§ 3584(a). Therefore, the district court did not err in
determining that Garza’s federal and state sentences run
consecutively.
Accordingly, the district court’s judgment is AFFIRMED.