Brewer

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TROY X. KELLEY, No. 2:22-cv-01777-KJM-CKD P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 DAVID BREWER, 15 Respondent. 16 17 Petitioner is a former federal prisoner proceeding pro se in this habeas corpus action filed 18 pursuant to 28 U.S.C. § 2241 challenging the execution of his sentence. The filing fee has been 19 paid for this action. 20 I. Factual and Procedural Background 21 Petitioner challenges the execution of his sentence and contends that the Bureau of Prisons 22 failed to properly calculate his release date pursuant to the First Step Act. According to 23 petitioner’s habeas application, he was sentenced to a year and one day beginning on June 30, 24 2021. ECF No. 1 at 2. He was released from FCI-Herlong on February 9, 2022. ECF No. 1 at 2. 25 Based on the First Step Act, petitioner asserts that he should have been released 30 days earlier, 26 even using the Bureau of Prisons’ own calculations. Id. Petitioner calculates…