O'Malley v. Daniels
This text of 313 F. App'x 940 (O'Malley v. Daniels) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Federal prisoner Patrick J. O’Malley appeals pro se from the district court’s judgment denying his petition for writ of habe-as corpus under 28 U.S.C. § 2241. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.
O’Malley contends that the district court erred by determining that the Bureau of Prisons properly found him ineligible for a early release under 18 U.S.C. § 3621(e)(2)(B). We conclude that the district court did not err. See Lopez v. Davis, 531 U.S. 230, 233, 121 S.Ct. 714, 148 L.Ed.2d 635 (2001).
O’Malley’s contention that Lopez has been overruled by United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), is without merit.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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313 F. App'x 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/omalley-v-daniels-ca9-2009.