Brewer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL FIORITO, No. 2:23-cv-0758 WBS AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS BREWER, Respondent. 16 Petitioner, a federal prisoner, filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Currently before the court is respondent’s motion to dismiss the petition. ECF No. 10. I. Background In May 2009, petitioner was convicted by a jury in the District of Minnesota of one count of conspiracy to commit mail fraud and six counts of mail fraud. ECF No. 10 at 2; ECF No. 10-1 at 66 (Docket entry for United States v. Fiorito, No. 07-cr-0212 PJS JSM (D. Minn), ECF 277).1 In April 2010, petitioner was sentenced to a total term of 270 months in prison. ECF No. 10 at 1; ECF No. 10-1 at 77 (Docket entry for ECF No. 436). As of January 27, 2024, the Bureau of Prisons (BOP) calculated that petitioner had earned a total of 705 First Step Act (FSA) time 27 The court has confirmed that…