Timothy E. Dess v. Jack McCormick

967 F.2d 585 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Timothy E. DESS, Petitioner-Appellant, v. Jack MCCORMICK, Respondent-Appellee. No. 91-35892. United States Court of Appeals, Ninth Circuit. Submitted May 26, 1992. * Decided June 2, 1992. Before FARRIS, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Montana prisoner Timothy Dess challenges the district court's dismissal of his pro se habeas corpus petition under 28 U.S.C. § 2254 alleging that his prison sentence was incorrectly calculated. We review for clear error the district court's factual determination that Montana prison authorities did not miscalculate Dess's sentence. See United States v. Silverman, 861 F.2d 571, 576 (9th Cir.1988). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Dess argues that Montana prison authorities miscalculated his sentence when they corrected their previous erroneous credit of seven months and eleven days for time served while Dess…