Moreno v. Brown

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40314
Summary Calendar
MARIO MORENO,
Petitioner-Appellant,
versus
DALE H. BROWN, Warden, FCI, Beaumont (Low),
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:97-CV-499
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May 14, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Mario Moreno, federal prisoner # 60630-079, appeals the
district court’s dismissal of his 28 U.S.C. § 2241 petition for a
writ of habeas corpus. Moreno’s motion to take judicial notice
and to supplement the record is DENIED.
Moreno argues that he was entitled to credit on his federal
sentence for time served in state jail prior to his delivery to
federal authorities and that he should have received an
evidentiary hearing in the district court. Because Moreno
received credit for the relevant jail time on a Texas state
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-40314
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sentence, he is not entitled to credit on his federal sentence.
See 18 U.S.C. § 3585(b) (West 1998); see United States v.
Dovalina, 711 F.2d 737, 740 (5th Cir. 1983). Moreno has not
demonstrated that he is entitled to an evidentiary hearing on his
claims.
DENY MOTION TO TAKE JUDICIAL NOTICE AND TO SUPPLEMENT THE
RECORD DENIED; AFFIRMED.