Adams

Del Raine v. Adams

Good Law
58 F. App'x 762
United States Court of Appeals for the Ninth CircuitMarch 20, 2003No. 02-55054; D.C. No. CV-00-08142-GAFCalifornia331 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Ronald Del Raine appeals pro se the district court’s denial of his 28 U.S.C. § 2241 petition, challenging a decision by the United States Parole Commission (“Commission”). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.

Del Raine contends that the Commission erred in computing his mandatory early release hearing date pursuant to 18 U.S.C. § 4206 (d).

Del Raine may not challenge the execution of his sentence in the instant 28 U. S.C. § 2241 petition because his claims are barred as successive. See § 2244(a) (stating that a federal court is not required to entertain a habeas petition “if it appears that the legality of such detention has been determined by a judge or court of the United States on a prior application for a writ of habeas corpus”). The district court properly dismissed Del Raine’s petition as successive because he raises the same claims raised in a prior habeas petition, and denied on the merits by the Middle District of Pennsylvania. Id; cf. Barapind v. Reno, 225 F.3d 1100, 1111 (9th Cir.2000) (deciding that the gatekeeping provisions of § 2244 did not apply to an INS detainee who filed a § 2241 petition since…

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.