Carmona

I. Background

On June 17, 2001, Jonah was arrested after shooting at a law enforcement officer while on the Salt River Pima- Maricopa Indian Reservation. He was charged under 18 U.S.C. § 1153, “Offenses committed within Indian Country,” with assault with a dangerous weapon in violation of 18 U.S.C. § 113(a)(3), and with discharge of a firearm during a crime of violence in violation of 18 U.S.C. § 924(c). In Octo- ber 2001, the district court transferred Jonah, who was 17 at the time of the incident, to adult status. We reversed in July 2003, holding that because the district court did not obtain Jonah’s juvenile records as required under FJDA, 18 U.S.C. § 5032, it lacked jurisdiction to transfer him for prosecution as an adult. United States v. Juvenile Male, 336 F.3d 1107, 1110-11 (9th Cir. 2003). After spending nearly 35 months in custody, mostly while designated as an adult, Jonah was finally sentenced pursuant to the FJDA on June 7, 2004. He received 30 months of custody plus another 30 months of supervised release.

This appeal concerns the BOP’s refusal to subtract any of the 35 months of Jonah’s pre-sentence confinement from his 4982 JONAH R. v. CARMONA…