Darrell Smith v. B. Eischen, Warden ( 2024 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 23-2620
    ___________________________
    Darrell Smith
    lllllllllllllllllllllPetitioner - Appellant
    v.
    B. Eischen, FPC Duluth, Warden
    lllllllllllllllllllllRespondent - Appellee
    ____________
    Appeal from United States District Court
    for the District of Minnesota
    ____________
    Submitted: April 2, 2024
    Filed: April 5, 2024
    [Unpublished]
    ____________
    Before BENTON, ERICKSON, and STRAS, Circuit Judges.
    ____________
    PER CURIAM.
    Darrell Smith appeals the judgment of the district court1 dismissing without
    prejudice his 
    28 U.S.C. § 2241
     habeas petition, in which he challenged the calculation
    1
    The Honorable Nancy Ellen Brasel, United States District Judge for the
    District of Minnesota, adopting the report and recommendations of the Honorable
    Dulce J. Foster, United States Magistrate Judge for the District of Minnesota.
    and application of his earned First Step Act time credits by the Bureau of Prisons
    (BOP), and the BOP’s method of computing the percentage of Smith’s prison
    sentence served. Following our review of the record and the preserved claims for
    appeal, we conclude that the district court properly denied relief. Accordingly, the
    judgment is affirmed, see 8th Cir. R. 47B, and Smith’s motions to supplement the
    record are denied as moot.
    ______________________________
    -2-
    

Document Info

Docket Number: 23-2620

Filed Date: 4/5/2024

Precedential Status: Non-Precedential

Modified Date: 4/5/2024