Herrera

Herrera v. United States District Court

Good Law
United States District Court, Northern District of CaliforniaMay 14, 20213:21-cv-02408California638 words

Opinion

Trial Court Opinion

INTRODUCTION

13 Petitioner, a federal prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging the Federal Bureau of Prisons’s computation of her sentencing credits. She has paid the filing fee. Because the petition, when liberally construed, states a claim that may warrant 17 federal habeas relief, Respondent is ordered to show cause why it should not be granted.

DISCUSSION

I. Standard of Review

20 A district court may entertain a petition for a writ of habeas corpus challenging the 21 execution of a federal sentence only on the ground that the sentence is being executed "in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2241(c)(3); United States v. Giddings, 740 F.2d 770, 772 (9th Cir. 1984). The Court should "award the writ or issue an 25 order directing the respondent to show cause why the writ should not be granted, unless it appears 26 27 from the application that the applicant or person detained is not entitled thereto." 28 U.S.C. § 1 2243. II. Legal Claims Petitioner claims that prison officials have failed to give her sentencing…

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