Frederick Sutton v. Calvin Johnson

708 F. App'x 360

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 21, 2017
• Docket: 17-55112
• Status: Unpublished

Opinion

MEMORANDUM **

Federal prisoner Frederick Sutton appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2241 habeas petition. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s denial of a section 2241 habeas petition, see Reynolds v. Thomas, 603 F.3d 1144, 1148 (9th Cir. 2010), abrogated m other grounds by Setser v. United States, 566 U.S. 231, 132 S.Ct. 1463, 182 L.Ed.2d 455 (2012). We affirm.'

Sutton argues that he is entitled to credit toward his federal sentence for the time spent in custody between January 5, 2009, and November 24, 2009. We disagree. Under 18 U.S.C. § 3585(b), a defendant cannot receive “double credit” — that is, credit going towards two separate sentences — for time spent in presentence custody. See United States v. Wilson, 503 U.S. 329, 337, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992). Here, Sutton spent 317 days in presen-tence custody. Because the record reflects that the state of Michigan credited this time towards a prior Michigan state sentence, he is not entitled to credit this 317-day period towards his federal sentence. See 18 U.S.C. § 3585(b).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.