Victor H. Espinosa v. United States

979 F.2d 854 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Victor H. ESPINOSA, Respondent-Appellee, v. UNITED STATES of America, Petitioner-Appellant. No. 91-10549. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1992. * Decided Nov. 23, 1992. Before KILKENNY, GOODWIN and FERGUSON, Circuit Judges. 1 Victor H. Espinoza appeals the district court's denial of his habeas corpus petition 1 for credit for time spent in a halfway house prior to serving his sentence for possession with intent to distribute marijuana. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse. 2 A district court's decision to deny a habeas corpus petition is reviewed de novo. Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.), cert. denied, 488 U.S. 982 (1988). 3 Victor Espinosa was charged with possession with intent to distribute over 100 kilograms of marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(B)(vii). On January 16, 1990, as a…