James Bernard Ransom v. Calvin Morton, Superintendent, Federal Prison Camp, Nellis Air Force Base

68 F.3d 481 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Bernard RANSOM, Petitioner-Appellee, v. Calvin MORTON, Superintendent, Federal Prison Camp, Nellis Air Force Base, Respondent-Appellant. No. 95-15127. United States Court of Appeals, Ninth Circuit. Submitted Oct. 16, 1995. * Decided Oct. 19, 1995. 1 Before: GOODWIN and HAWKINS, Circuit Judges, and FITZGERALD, ** District Judge. 2 MEMORANDUM *** 3 This is an appeal from the district court's order granting petitioner's petition for writ of habeas corpus brought pursuant to 28 U.S.C. Sec. 2241 . For the reasons set forth below, we reverse. 4 Petitioner was serving a state sentence when he was transferred to federal custody pursuant to a writ of habeas corpus ad prosequendum to face federal drug charges. Petitioner was in federal custody approximately four months before he was sentenced to 70 months on the federal charges. The district court recommended that petitioner serve the remainder of his state sentence…