United States v. Bennett Eugene Brewer

37 F.3d 1506 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Respondent-Appellee, v. Bennett Eugene BREWER, Petitioner-Appellant. No. 94-15467 United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1994. * Decided Oct. 6, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Bennett Eugene Brewer, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside, or correct his sentence. Brewer contends that the United States Parole Commission erred in relying on information in the presentence report at Brewer's 1993 parole hearing. 1 We review de novo, Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.), cert. denied, 488 U.S. 982 (1988), and affirm. 3 Generally, a federal prisoner must file a habeas corpus petition pursuant to 28 U.S.C. Sec. 2241 if he is challenging the manner of execution of his sentence. United States v. Giddings, 740 F.2d 770, 772 (9th…