Vernon Louisville, Jr. v. A. W. Gibbs , 515 F. App'x 707 ( 2013 )

FILED
NOT FOR PUBLICATION APR 22 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
VERNON ALVIN LOUISVILLE, Jr., No. 10-56800
Petitioner - Appellant, D.C. No. 2:10-cv-03070-AG
v.
MEMORANDUM *
A. W. GIBBS,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Submitted April 16, 2013 **
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Federal prisoner Vernon Alvin Louisville, Jr. appeals pro se from the district
court’s judgment denying his 28 U.S.C. § 2241 habeas petition. We have
jurisdiction under 28 U.S.C. § 1291. We review the denial of a section 2241
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
habeas petition de novo and factual findings for clear error, see Reynolds v.
Thomas, 603 F.3d 1144, 1148 (9th Cir. 2010), and we affirm.
Louisville contends that he is entitled to credit toward his federal sentence
for the time he served in state custody before he was released to federal authorities
on September 14, 2007. This argument fails because the time Louisville spent in
state custody was already credited toward his state sentence. See 18 U.S.C.
§ 3585(b); Allen v. Crabtree, 153 F.3d 1030, 1033 (9th Cir. 1998) (noting that
section 3585(b) disallows double crediting for time served).
AFFIRMED.
2 10-56800