Sorenson

MEMORANDUM *

Notwithstanding petitioner Brett Sorenson’s ineligibility for parole under his original sentence and 18 U.S.C. § 924 (e)(1) (1987), he was properly released under 18 U.S.C. § 4163 upon the expiration of his term less good time credits and accordingly “deemed as if released on parole” under 18 U.S.C. § 4164 . He therefore remained while on release under the jurisdiction of the U.S. Parole Commission. Martin v. U.S. Parole Comm’n, 108 F.3d 1104, 1107 (9th Cir.1997); McQuerry v. U.S. Parole Comm’v, 961 F.2d 842, 845 (9th Cir.1992). And because we treat good time credits as “used up” upon release, “the failure to honor such credits following a [violation of release) is not a ‘forfeiture’ to which the protections of the due process clause might apply.” Boniface v. Carlson, 881 F.2d 669, 671-72 (9th Cir.1989).

Because a warrant issued by the Commission under 18 U.S.C. § 4213 need not be supported by oath or affirmation, Sorenson’s initial arrest and detention on an unsworn parole violator warrant was not unlawful under either § 4213 or the Fourth Amendment. Sherman v. U.S. Parole Comm’n, 502 F.3d 869 (9th Cir.2007).

The judgment of the district court denying Sorenson’s…