United States v. Ken Ned

2 F.3d 1159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Ken NED, Defendant-Appellant. No. 92-10738. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 4, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 In this pre-Guidelines case, Ken Ned, a federal prisoner, appeals pro se the district court's denial of his motion for credit against his seven-year sentence for time spent in custody prior to sentencing. Ned was previously convicted after a guilty plea to conspiracy to possess a controlled substance with intent to distribute in violation of 21 U.S.C. Sec. 846 . The district court denied the motion for sentence credit without prejudice based upon lack of jurisdiction and failure to exhaust administrative remedies. The government correctly points out that, because Ned challenges the execution of his sentence, the motion is properly construed as a habeas corpus…