Moreno

Moreno v. Hood

Good Law
10 F. App'x 600
United States Court of Appeals for the Ninth CircuitJune 1, 2001No. 00-35575; D.C. No. CV-99-01605-TMCCalifornia316 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Rodolfo Moreno appeals pro se the district court’s dismissal of his petition for habeas corpus pursuant to 28 U .S.C. § 2241, challenging the collection of payments towards his fíne and the interest applied to his fine balance. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s dismissal of a habeas petition pursuant to 28 U.S.C. § 2241 , and we affirm.

Moreno contends that the Federal Bureau of Prisons (“BOP”) is violating his constitutional rights by deducting non-institutional funds from his prison account towards the payment of his $3,500 fine through the Inmate Financial Responsibility Program (“IFRP”). This contention lacks merit.

The Judgment and Commitment order requires Moreno to pay the fine out of funds earned during incarceration and under the IFRP. Because the IFRP states that “[p]ayments may be made from institution resources or non-institution (community) resources,” the BOP is permitted to collect payments from non-wage funds in Moreno’s account. 28 C.F.R. § 545.11 (b).

Moreno also contends that his constitutional rights are being violated because interest is being charged to his fine despite…

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.