Alberto Leibel Garcia v. Bureau of Prisons United States Parole Commission

972 F.2d 1339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alberto Leibel GARCIA, Plaintiff-Appellant, v. BUREAU OF PRISONS; United States Parole Commission, Defendants-Appellees. No. 91-36228. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 20, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Alberto Leibel Garcia, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition alleging the Bureau of Prisons improperly failed to credit him for time served on a state sentence when calculating his federal sentence release date. We review de novo, Thomas v. Brewer, 923 F.2d 1361, 1364 (9th Cir.1991), and we affirm. 3 For crimes committed prior to November 1, 1987, 18 U.S.C. § 3568 was the applicable statute governing sentence calculations. United States v. Chalker, 915 F.2d 1254, 1256 (9th Cir.1990). Under section 3568, "it [was] the Attorney…