Jimmie Gomer v. U.S. Parole Commission C.E. Floyd

76 F.3d 386 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jimmie GOMER, Petitioner-Appellant, v. U.S. PAROLE COMMISSION; C.E. Floyd, Respondents-Appellees. No. 95-16128. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1995. * Decided Dec. 11, 1995. Before: SNEED, TROTT, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Jimmie Gomer appeals pro se the district court's denial of his habeas corpus petition brought under 28 U.S.C. § 2241 . Gomer contends that the United States Parole Commission ("Parole Commission") engaged in "double-counting" when it set his presumptive parole date above the parole guidelines range. We have jurisdiction under 28 U.S.C. §§ 1291 , 2253. We review de novo, Vargas v. United States Parole Comm'n, 865 F.2d 191, 193 (9th Cir.1988), and affirm. 3 We review whether the Parole Commission showed good cause for setting a parole release date above its own guidelines by inquiring if that decision was…