Taylor

Taylor v. Reno

Good Law
164 F.3d 440·99 Daily Journal DAR 43·1998 WL 906789·1998 U.S. App. LEXIS 32609·99 Cal. Daily Op. Serv. 15
United States Court of Appeals for the Ninth CircuitDecember 31, 1998Nos. 97-36198, 98-35013California3,210 words

Opinion

Lead Opinion

Thompson, J.

The appellant Miguel Taylor (“Taylor”) was sentenced to three concurrent 70-month terms of imprisonment by the United States District Court for his drug convictions in this case. He was also sentenced by the Oregon State Court to 115 months for a manslaughter conviction. In this appeal from the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2241 , and from the denial of his motion for a reduction of his sentence pursuant to 28 U.S.C. § 2255 , Taylor challenges the district court’s refusal to transfer his custody from the State of Oregon to the Federal Bureau of Prisons so that his federal sentence would commence. He also chal *443 lenges the district court’s refusal to give him credit against his federal sentence for the time he has served and will serve in state custody.

Taylor contends that his federal sentence should have commenced prior to his state sentence because the federal government had primary jurisdiction over him when it imposed his federal sentence. He also argues that the district court’s judgment and commitment order mandated that the United States Marshal (“Marshal”) deliver him into federal custody, and the Marshal failed to do so. Taylor…

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