Salgado

Salgado v. Hood

Good Law
36 F. App'x 909
United States Court of Appeals for the Ninth CircuitMay 29, 2002No. 01-35424; D.C. No. CV-00-00559-AJB/STCalifornia253 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Agustín Salgado appeals the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition challenging the Bureau of Prison’s revocation of twenty-seven days of his accumulated good conduct time. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s grant or denial of a 28 U.S.C. § 2241 habeas petition. Bostic v. Carlson, 884 F.2d 1267, 1269 (9th Cir.1989). We review de novo a district court’s legal conclusion that the disciplinary committee’s findings are supported by some evidence. Id.

Salgado contends that prison officials abused their discretion in the disciplinary hearing process. Salgado further contends that the district court erred by adopting the magistrate judge’s report and recommendation. Because there is “some evidence” in the record supporting the prison disciplinary committee’s findings, we cannot say that the prison officials abused their discretion by holding Salgado responsible for possessing the narcotics. See Superintendent, Mass. Corr. Inst. v. Hill, 472 U.S. 445, 454-55 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985); Bostic, 884 F.2d at 1269-70 . Accordingly, the district…

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