Moreno

MEMORANDUM **

Ted Moreno, a federal prisoner, appeals the denial of his petition for writ of habeas corpus under 28 U.S.C. § 2255 . We affirm. Because the parties are familiar with the history of the case, we will not recount it here.

Moreno contends that he should receive credit for the time he served in home confinement prior to sentencing because the court violated his due process rights by not providing him notice that he would receive no credit against his sentence for this time. There is no basis for a constitutionally grounded requirement that a district judge sua sponte advise a defendant of the sentencing consequences of post-conviction home confinement. Therefore, assuming, without deciding, that Moreno had a liberty interest in choosing intelligently between post-conviction detention that results in credit against a sentence of imprisonment and home confinement that does not, see Reno v. Koray, 515 U.S. 50, 65 , 115 S.Ct. 2021 , 132 L.Ed.2d 46 (1995) (Ginsburg, J., concurring) (acknowledging the possibility of the theory), Moreno would at least have to show that his request for home confinement despite the lack of credit towards his sentence was not a knowing and…