Terrance Moore v. Andre Matevousian

MEMORANDUM

Terrance L. Moore appeals, pro se, from the district court’s dismissal of his petition for habeas corpus under 28 U.S.C. § 2241 . We have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo, we affirm. See Alaimalo v. United States, 645 F.3d 1042, 1047 (9th Cir. 2011).

Moore argues that the Bureau of Prisons (“BOP”) improperly relied on 18 U.S.C. § 924 (c)(1)(C)(i) to determine his projected release date and thereby erroneously calculated his sentence, exceeded its statutory authority, and violated his due process and equal protection rights by enforcing an invalid judgment. Moore’s argument is premised on his incorrect belief that he is not subject to 25-year consecutive sentences for his second, third, and fourth section 924(c) convictions because he was not charged and convicted under section 924(c)(1)(C)(i). However, because the record shows, and Moore does not dispute, that he was convicted, inter alia, of four counts of violating section 924(c), the BOP properly calculated his release date based on his correctly calculated 1,107-month sentence. See United States v. Beltran-Moreno, 556 F.3d 913, 915 (9th Cir. 2009) (“[W]hen the government charges more than…