Michael Roberts v. R. Guttierez

MEMORANDUM

Federal prisoner Michael Roberts appeals pro se from the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition challenging the computation of his custody credits. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Roberts contends that he is entitled to credit towards his federal sentence for the time he served between February 22, 2000, and January 7, 2003. This court reviews the district court’s denial of a habeas corpus petition de novo. See Schleining v. Thomas, 642 F.3d 1242, 1246 (9th Cir. 2011). The district court correctly found that Roberts was serving time on a state sentence during the relevant time period, thereby precluding credit towards his federal sentence for the same period. See 18 U.S.C. § 3585 (b); United States v. Wilson, 503 U.S. 329, 337 , 112 S.Ct. 1351 , 117 L.Ed.2d 593 (1992).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.