McLean

McLean v. Crabtree

Good Law
173 F.3d 1176·99 Daily Journal DAR 3320·1999 WL 188060·1999 U.S. App. LEXIS 6245·99 Cal. Daily Op. Serv. 2547
United States Court of Appeals for the Ninth CircuitApril 7, 1999Nos. 98-35675, 98-35689, 98-35762, 98-35766California4,326 words

Opinion

Lead Opinion

Wardlaw, J.

Federal prisoners Robert L. McLean, Raul Cruanas, Mario Mendoza, and Kao Saefong (collectively “Appellants”) appeal the district court’s denial of their 28 U.S.C. § 2241 petitions for habeas corpus. The district court rejected Appellants’ claims that the Bureau of Prisons (the “BOP”) violated their statutory and constitutional rights when it denied their requests for an 18 U.S.C. § 3621 (e)(2)(B) sentence reduction 1 on the basis of an Immigration and Naturalization Service (“INS”) detainer lodged against each. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 2253 (a), and we affirm.

*1180 We review the district court’s decision to grant or deny a federal prisoner’s petition for habeas corpus de novo. See United States v. Cruz-Mendoza, 147 F.3d 1069, 1071-1072 (9th Cir.1998).

I

Appellants are presently serving custodial sentences 2 at the Federal Correctional Institute in Sheridan, Oregon (“FCI Sheridan”). While at FCI Sheridan, each completed a residential substance abuse treatment program despite his ineligibility for the sentence reduction incentive provided under the Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. § 3621 (e)(2)(B)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.