Thompson

(HC) Kobel v. Thompson

Good Law
United States District Court, Eastern District of CaliforniaNovember 16, 20212:21-cv-00841California1,918 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO AURTORO KOBEL, No. 2: 21-cv-0841 JAM KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS PAUL THOMPSON, Respondent. 16 Petitioner is a federal prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner argues that he is entitled to immediate release to a Residential Drug Treatment Program based on application of earned time credits to his sentence under the First Step Act. Pending before the court is respondent’s motion to dismiss. (ECF No. 10.) For the reasons stated herein, the undersigned recommends that respondent’s motion to dismiss be granted. Background On March 6, 2018, petitioner plead guilty to possession with intent to distribute illegal drugs (methamphetamine) in violation of 21 U.S.C. §§ 841(a)(1), (b)(2)(A)(viii). (ECF No. 10-1 at 2-3, 5.) Petitioner was sentenced to 78 months in federal custody by the United States District 28…

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