Daniel Velasquez v. Michael Benov

MEMORANDUM

Federal prisoner Daniel Velasquez appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2241 ha-beas petition. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal of a 28 U.S.C. § 2241 habeas corpus petition, see Alaimalo v. United States, 645 F.3d 1042, 1047 (9th Cir.2011), and we affirm.

Velasquez contends that Prohibited Act Code 397, prohibiting use of the telephone for abuses other than criminal activity, is impermissibly vague. The district court properly rejected this claim because Code 397 provides fair notice of what conduct is prohibited by including a non-exhaustive list of proscribed acts. See 28 C.F.R. § 541.13 (Table 3) (2009); Newell v. Sauser, 79 F.3d 115, 117 (9th Cir.1996).

Velasquez also contends that the members of the Unit Disciplinary Committee (“UDC”) were not properly certified to hold a disciplinary hearing as required by the Bureau of Prisons’ (“BOP”) Policy Statement 5270.07. This contention fails because “[a] habeas claim cannot be sustained based solely on the BOP’s purported violation of its own program statement because noncompliance with a BOP program statement is not a…