DocketNumber: 03-3299
Citation Numbers: 103 F. App'x 74
Judges: Murphy, Fagg, Smith
Filed Date: 7/27/2004
Status: Non-Precedential
Modified Date: 11/5/2024
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 03-3299 ___________ Victor Rivera, * * Appellant, * * Appeal from the United States v. * District Court for the District * of Minnesota. Lisa J. W. Hollingsworth, Warden, * FCI Sandstone, * [UNPUBLISHED] * Appellee. * ___________ Submitted: July 16, 2004 Filed: July 27, 2004 ___________ Before MURPHY, FAGG, and SMITH, Circuit Judges. ___________ PER CURIAM. Federal inmate Victor Rivera, confined in the Federal Correctional Institution at Sandstone, Minnesota, appeals the district court's* dismissal of Rivera's 28 U.S.C. § 2241 petition. After carefully reviewing the record, we conclude the Federal Bureau of Prisons properly calculated Rivera's sentence to commence on the date it * The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota. was imposed and to run for 147 months. We also conclude the district court did not abuse its discretion in denying Rivera an evidentiary hearing. See Newton v. Kemna,354 F.3d 776
, 785 (8th Cir. 2004). We affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ -2-