Barbara E. Fraley v. United States Bureau of Prisons
Opinion
Opinion
Federal prisoner Barbara Fraley appeals the district court’s dismissal of her 28 U.S.C. § 2241 petition for writ of habeas corpus. Fraley was convicted of passing counterfeit currency in violation of 18 U.S.C. § 472 and sentenced to ten months’ imprisonment followed by two years of supervised release. She seeks credit against her sentence for the seven months she spent under house arrest prior to trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.
I
While this appeal was pending, Fraley completed her term of imprisonment and was released. However, because our decision could affect her two-year term of supervised release, this ease is not moot. United States v. Smith, 991 F.2d 1468, 1470 (9th Cir.1993).
II
Before petitioning the federal courts for credit for her house arrest, Fraley must first exhaust her administrative remedies through the Bureau of Prisons. United States v. Checchini 967 F.2d 348, 350 (9th Cir.1992) (citing United States v. Wilson, — U.S. -, -, 112 S.Ct. 1351, 1354 , 117 L.Ed.2d 593 (1992)). Exhaustion is not required if pursuing those remedies would be futile. Terrell v. Brewer, 935 F.2d 1015, 1019 (9th Cir.1991). The district court found…