United States v. Mitchell Chandler

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 19 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-30274
Plaintiff-Appellee, D.C. No. 1:20-cr-00124-SPW-1
v.
MITCHELL JAMES CHANDLER, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted April 11, 2022**
Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges.
Mitchell James Chandler appeals pro se from the district court’s order
denying his request for an order directing the Bureau of Prisons to award him six-
and-a-half months of custody credit. 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 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).
Chandler contends that he is entitled to the custody credit because of the
district court’s comments at sentencing regarding his anticipated release date.
However, the district court correctly concluded that it lacked authority to award
custody credit at sentencing, or to direct the Bureau of Prisons to arrive at a
specific credit calculation. See United States v. Wilson, 503 U.S. 329, 333-34
(1992). Moreover, as the district court explained, the written judgment reflects its
intended sentence.
AFFIRMED.
2 21-30274