Sinek

Sinek v. United States

Good Law
United States District Court, Northern District of CaliforniaNovember 9, 20235:23-cv-04352California740 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 CHARLES R. SINEK, Case No. 23-cv-04352-VKD

Petitioner,

ORDER TO SHOW CAUSE

v.

UNITED STATES OF AMERICA, Respondent.

13 Petitioner Charles R. Sinek, who is currently serving the supervised release portion of his federal sentence in Oakland, California, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, asserting that he is entitled to time credits under the First Step Act (“FSA”). Dkt. No. 1 at 2. Mr. Sinek has paid the filing fee. Dkt. No. 2. I. STANDARD OF REVIEW This court may entertain a petition for writ of habeas corpus from a person “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(3). Review of the execution of a federal sentence is properly brought as a petition under § 2241. See United States v. Giddings, 740 F.2d 770, 772 (9th Cir. 1984) (presentence time credit claim); Brown v. United States, 610 F.2d 672,…

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