Johnston

Johnston v. Colbert

Good Law
United States Court of Appeals for the Ninth CircuitNovember 27, 202424-850California289 words

Opinion

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 27 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDREW JAMES JOHNSTON, No. 24-850 D.C. No. Petitioner - Appellant, 4:22-cv-00260-SHR v.

MEMORANDUM*

DANON COLBERT, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the District of Arizona Scott H. Rash, District Judge, Presiding

Submitted November 20, 2024**

Before: CANBY, TALLMAN, and CLIFTON, Circuit Judges.

Andrew James Johnston appeals pro se from the district court’s order

denying his petition for a writ of habeas corpus under 28 U.S.C. § 2241. We have

jurisdiction under 28 U.S.C § 1291. Reviewing de novo, see Stephens v. Herrera,

464 F.3d 895, 897 (9th Cir. 2006), 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). Johnston contends that the First Step Act of 2018 (“FSA”) requires the

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