Pizarro

Pizarro v. Smith

Good Law
328 F. App'x 450
United States Court of Appeals for the Ninth CircuitJuly 1, 2009No. 07-16465California136 words

Lead Opinion

MEMORANDUM **

Federal prisoner Dan Pizarro appeals pro se from the district court’s judgment entered on July 12, 2007, 2007 WL 2043848 , in his 28 U.S.C. § 2241 proceeding. We have jurisdiction under 28 U.S.C. § 2253 . We accord substantial deference to the district court’s factual finding that Respondent complied with the district court’s order. Aloe Vera of Am., Inc. v. United States, 376 F.3d 960 , 966 (9th Cir.2004). We affirm.

The district court'correctly determined that Respondent complied with its order to evaluate Pizarro for placement in a residential reentry center without regard to 28 C.F.R. § 570.20-21 . Respondent did not violate 18 U.S.C. § 3621 (b) by considering Program Statement 7310.04.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.