Dana Thompson v. T.C. Outlaw ( 2005 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-2601
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Dana Thompson, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
T. C. Outlaw, Warden, FCI Waseca, *
* [UNPUBLISHED]
Appellee. *
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Submitted: July 7, 2005
Filed: July 15, 2005
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Before MELLOY, McMILLIAN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Federal inmate Dana Thompson appeals the district court’s1 dismissal of his 28
U.S.C. § 2241 petition. Following our de novo review, see United States v. Lurie,
207 F.3d 1075, 1076 (8th Cir. 2000), we agree with the district court that the federal
Bureau of Prisons (BOP) properly concluded that Thompson was ineligible for early
release based on his robbery conviction, and that he could not pursue his
1
The Honorable Donovan W. Frank, United States District Judge for the
District of Minnesota, adopting the report and recommendations of the Honorable
Jonathan G. Lebedoff, United States Magistrate Judge for the District of Minnesota.
Administrative Procedure Act-based claim because he failed to exhaust relevant
administrative remedies. See Lopez v. Davis, 531 U.S. 230, 242-44 (2001) (holding
that 28 C.F.R. § 550.58 is reasonable interpretation of 18 U.S.C. § 3621(e)(2)(B) both
in taking account of preconviction conduct and in making categorical exclusions);
United States v. Chappel, 208 F.3d 1069, 1069 (8th Cir. 2000) (per curiam)
(affirming district court’s dismissal--for failure to exhaust administrative remedies--of
inmate’s § 2241 petition seeking an order addressing right to pretrial credit against
federal sentence); Zachar v. Tippy, 202 F.3d 1039, 1044 (8th Cir. 2000) (upholding
denial of early release to inmate who completed Residential Drug Abuse Program
because his earlier conviction in California for aggravated assault, which was listed
in § 550.58, met the FBI’s Uniform Crime Reporting definition); 28 C.F.R.
§ 550.58(a)(1)(iv) (as exercise of discretion vested in director of BOP, inmates who
have prior felony or misdemeanor conviction for, inter alia, robbery are not eligible
for early release).
Accordingly, we affirm under 8th Cir. Rule 47B.
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