Ryan Bonneau v. United States

FILED
NOT FOR PUBLICATION JAN 04 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RYAN BONNEAU, No. 11-35807
Petitioner - Appellant, D.C. No. 3:10-cv-00653-PK
v.
MEMORANDUM *
UNITED STATES OF AMERICA,
Respondent - Appellee.
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, District Judge, Presiding
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Federal prisoner Ryan Bonneau appeals pro se from the district court’s
judgment on his 28 U.S.C. § 2241 habeas petition. We vacate and remand with
instructions to dismiss for lack of jurisdiction.
*
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).
Bonneau’s petition challenges the Bureau of Prisons’ (“BOP”) calculation of
good time credits for sentences he has already served. In particular, he argues the
BOP should have aggregated two of his earlier sentences and awarded him an
additional 52 days of good time credit. Bonneau also argues that he is entitled to
53 days of good time credit because, while he was serving an earlier sentence, the
BOP transferred him out of a Residential Drug Treatment Program in violation of
his due process rights.
The record reflects that Bonneau had fully served the custodial portion of the
sentences he is attacking at the time he filed his habeas petition, and that his
current incarceration arises from a new conviction and violations of supervised
release. Therefore, the district court could not grant him any effective relief and it
should have dismissed his petition for lack of a case or controversy. See Burnett v.
Lampert, 432 F.3d 996, 999-1000 (9th Cir. 2005); Nonnette v. Small, 316 F.3d
872, 875-76 (9th Cir. 2002). We vacate the district court’s judgment and remand
with instructions to dismiss for lack of jurisdiction.
VACATED and REMANDED.
2 11-35807