William Dunne v. G.J. Bissett

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIAM D. DUNNE, No. 17-16231
Petitioner-Appellant, D.C. No. 2:15-cv-00549-JAM
v.
MEMORANDUM*
G.J. BISSETT,
Respondent-Appellee.
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted August 15, 2018**
Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
Federal prisoner William D. Dunne appeals pro se from the district court’s
denial of his 28 U.S.C. § 2241 habeas corpus petition. We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
Dunne contends that he was entitled to parole after he served 30 years of his
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
federal sentence, pursuant to 18 U.S.C. § 4206(d). We review de novo matters of
statutory interpretation and the district court’s decision to deny a section 2241
habeas petition. See United States v. Havelock, 664 F.3d 1284, 1289 (9th Cir.
2012) (en banc); Stephens v. Herrera, 464 F.3d 895, 897 (9th Cir. 2006). Prisoners
sentenced before the Sentencing Reform Act, such as Dunne, “shall be released on
parole after having served two-thirds of each consecutive term or terms, or after
serving thirty years of each consecutive term or terms of more than forty-five years
including any life term, whichever is earlier,” absent certain findings. See 18
U.S.C. § 4206(d) (repealed 1987). Dunne received several consecutive federal
prison terms, each one less than 45 years. We conclude, as have other courts, that
the 30-year provision does not apply to Dunne’s case. Rather, section 4206(d)
entitles Dunne to parole only after he serves two-thirds of each consecutive term.
The government’s motion for judicial notice is granted.
AFFIRMED.
2 17-16231