Krause

Krause v. Perrill

Good Law
51 F. App'x 782
United States Court of Appeals for the Ninth CircuitDecember 5, 2002No. 00-35535; D.C. No. CV-99-1698-JCCCalifornia412 words

Opinion

Lead Opinion

MEMORANDUM **

Kenneth Holt Krause, Jr., a federal prisoner, appeals pro se the district court’s denial of his 28 U.S.C. § 2241 petition for habeas corpus. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a). Reviewing de novo, see Bowen v. Hood, *783 202 F.3d 1211, 1218 (9th Cir.2000), cert, denied, 531 U.S. 1111 , 121 S.Ct. 854 , 148 L.Ed.2d 769 (2001), we affirm.

Krause contends that his federal sentence should have run concurrently with his state sentence. However, because the district court made no indication to the contrary, Krause’s federal sentence properly ran consecutively to his prior state sentence. See 18 U.S.C. § 3584 (a); United States v. Chea, 231 F.3d 531, 535 (9th Cir.2000) (“[I]n the absence of an order to the contrary, a federal sentence is to run consecutively to a prior state sentence.”).

Krause next argues that when federal authorities released him back to state authorities after a brief transfer, the federal authorities relinquished the right to have him serve his federal sentence. This contention is unpersuasive. Because Krause’s transfer was pursuant to state prison authorities’ belief, albeit possibly erroneous, that Krause was required to…

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