Julio Cesar Gutierrez-Jaramillo v. United States

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 ) JULIO CESAR GUTIERREZ-JARAMILLO, ) Case No. CV 19-5126-JEM ) ) Petitioner, ) MEMORANDUM OPINION AND ORDER ) v. ) ) C. SWAIN, Warden, ) ) Respondent. ) ) 17 I. INTRODUCTION Julio Cesar Gutierrez-Jaramillo (“Petitioner”), a prisoner in federal custody proceeding pro se, brings a petition for writ of habeas corpus pursuant to 28 U.S.C. § 22411 (“Petition” or “Pet.”) raising two claims: (1) the Bureau of Prisons (“BOP”) did not award him credit for time served in a Peruvian prison before his extradition to the United States in 2009 (see Pet. at 2-3), and (2) his extradition “may have been illegal” pursuant to a treaty between the United States and Colombia (Pet. at 9). 25 26 Petitioner identified his petition as a motion for writ of mandamus; the Court construed it as a petition for writ of habeas corpus by a person in federal custody pursuant to 28 U.S.C. § 2241. 28 On…