Victor Molinares v. Neil Adler , 450 F. App'x 564 ( 2011 )

FILED
NOT FOR PUBLICATION JUL 18 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
VICTOR FIGUEROA MOLINARES, No. 10-16009
Petitioner - Appellant, D.C. No. 1:09-cv-01964-OWW
v.
MEMORANDUM *
NEIL ADLER, Warden,
Respondent - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Federal prisoner Victor Figueroa Molinares appeals pro se from the district
court’s judgment dismissing his 28 U.S.C. § 2241 petition. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
*
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).
Molinares contends that the Bureau of Prisons violated his due process
rights by incorrectly calculating his time served credits. Specifically, Molinares
contends that he is entitled to a sentence reduction for the time served on an
unrelated federal offense. The record reflects that Molinares already received all
credit for time served that he was entitled to. See 18 U.S.C. § 3585(b); see also
Allen v. Crabtree, 153 F.3d 1030, 1033 (9th Cir. 1998) (noting that section 3585(b)
disallows double crediting of time served).
AFFIRMED.
2 10-16009