Michael West v. Marion Feather ( 2013 )

FILED
NOT FOR PUBLICATION OCT 02 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MICHAEL WEST, No. 12-35745
Petitioner - Appellant, D.C. No. 3:10-cv-00427-HU
v.
MEMORANDUM *
MARION FEATHER,
Respondent - Appellee.
Appeal from the United States District Court
for the District of Oregon
Anna J. Brown, District Judge, Presiding
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Federal prisoner Michael West appeals 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 de novo a district court’s denial of a 28 U.S.C. § 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 corpus petition, see Mora-Meraz v. Thomas, 601 F.3d 933, 939 (9th Cir.
2010), and we affirm.
West contends that the Bureau of Prisons was obligated to credit him for
time served in custody prior to September 6, 2006, because he overserved his state
sentence. We disagree. The record reflects that West’s state sentence terminated
on September 6, 2006, and this court’s case law supports use of that date as the
commencement date of his federal sentence. See 18 U.S.C. § 3585(a); Thomas v.
Brewer, 923 F.2d 1361, 1364-67 (9th Cir. 1991). Nothing in the record of West’s
sentencing in the case under review requires a different conclusion; thus, the
district court properly denied his petition.
AFFIRMED.
2 12-35745