Patrick O. Evans v. Mark A. Henry, Warden Federal Bureau of Prisons United States Department of Justice

70 F.3d 1278 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Patrick O. EVANS, Petitioner-Appellant, v. Mark A. HENRY, Warden; Federal Bureau of Prisons; United States Department of Justice, Respondents-Appellees. No. 94-56715. United States Court of Appeals, Ninth Circuit. Submitted Nov. 20, 1995. * Decided Nov. 24, 1995. Before: PREGERSON, NORRIS, and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Patrick O. Evans appeals pro se the district court's denial of his habeas corpus petition brought under 28 U.S.C. Sec. 2241 . Evans contends that the district court erred by finding that he was not entitled to presentence sentence credits for time Evans spent in a hospital and under home confinement. We have jurisdiction under 28 U.S.C. Secs. 2253 , 1291. We review de novo, Grady v. Crabtree, 958 F.2d 874, 874 (9th Cir.1992) (per curiam), and vacate and remand. 3 In the district court Evans claimed that, during the time he was in the hospital and under house…