Luis Cordero v. Michael Benov

MEMORANDUM

Federal prisoner Luis Morant Cordero appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s denial of a section 2241 habeas petition, see Reynolds v. Thomas, 603 F.3d 1144, 1148 (9th Cir.2010), abrogated on other grounds by Setser v. United States, — U.S.-, 132 S.Ct. 1463 , 182 L.Ed.2d 455 (2012), and we affirm.

Cordero argues that he is entitled to credit toward his federal sentence for the time spent in custody between April 30, 2004 and July 29, 2005. We disagree. The state retained primary jurisdiction over Cordero from the time he was arrested in April 2004 until he was paroled in May 2006, including the time he spent in federal custody pursuant to a writ of habeas corpus ad prosequendum, see Taylor v. Reno, 164 F.3d 440, 445 (9th Cir.1998), and his federal sentence did not commence until May 22, 2006, when he was received in federal custody. See 18 U.S.C. § 3585 (a); Taylor, 164 F.3d at 445 . He is not entitled to federal credit for the period prior to July 29, 2005, because the record reflects that the state credited this time toward his…