Jonny E. McClellan v. Larry F. Taylor, Warden

45 F.3d 436 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jonny E. McCLELLAN, Petitioner-Appellant, v. Larry F. TAYLOR, Warden, Respondent-Appellee. No. 94-55727. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Dec. 28, 1994. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Jonny E. McClellan appeals pro se the district court's denial of his habeas corpus petition brought under 28 U.S.C. Sec. 2241 alleging that he was entitled to credit toward his sentence for the time he was released on bond and confined to his brother's home awaiting sentencing and direct appeal of his conviction. McClellan contends that the district court erred by finding that the restrictions on his liberty did not approach those of incarceration. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review de novo, Grady v. Crabtree, 958 F.2d 874, 874 (9th Cir.1992), and affirm. 3 McClellan is entitled to credit toward his federal…