Troy Coleman v. Linda Sanders

FILED
NOT FOR PUBLICATION JUL 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TROY TERRELL COLEMAN, No. 10-55164
Petitioner - Appellant, D.C. No. 2:08-cv-06447-GW
v.
MEMORANDUM *
LINDA SANDERS,
Respondent - Appellee.
Appeal from the United States District Court
for the Central District of California
George H. Wu, District Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Federal prisoner Troy Terrell Coleman appeals pro se from the district
court’s judgment denying his 28 U.S.C. § 2241 habeas petition challenging the
execution of his sentence. 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).
Coleman contends that his federal sentence should have commenced on the
date he was sentenced in the Northern District of Oklahoma for retaliating against
a government witness, rather than on completion of his state term of imprisonment
in California. This contention lacks merit. The district court correctly determined
that, at the time Coleman was sentenced in the Northern District of Oklahoma,
California had primary custody over him that remained uninterrupted until the state
released him on parole. Accordingly, the Bureau of Prisons properly calculated
Coleman’s sentence as beginning when California released him on parole. See 18
U.S.C. § 3585(a); see also Taylor v. Reno, 164 F.3d 440, 445 (9th Cir. 1998).
Coleman also contends that his federal sentences should run concurrently,
and not consecutively. This contention also lacks merit. The Bureau of Prisons
properly calculated Coleman’s total term of imprisonment by running his federal
sentences consecutive to each other, because Coleman was sentenced in two
separate federal cases at different times. See 18 U.S.C. § 3584(a).
AFFIRMED.
2 10-55164