Michael D. Baker v. J.W. Tippy, (8th Cir. 2000)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 99-2841
Michael D. Baker, Appellant, v. J.W. Tippy, Appellee,
Submitted: August 7, 2000
Filed: August 10, 2000
Before McMILLIAN, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
PER CURIAM.
Michael D. Baker, a federal inmate serving a sentence for a drug conviction, appeals the district court§ 2241 petition, and its denial of his motion for a change of venue or dismissal. In his petition, he complained the Federal Bureau of Prisons (BOP) had failed to credit, against his federal sentence, time he served between the date he was transferred via a writ of habeas corpus ad prosequendum from state to federal custody in order to face federal charges on a related offense, and the date his state sentence expired. We affirm.
Having reviewed the district court§ 3585(b) (defendant shall be given credit toward service of imprisonment term for any time spent in official detention prior to date sentence commences as result of charge for which defendant was arrested after commission of offense for which sentence was imposed "that has not been credited against another sentence"); United States v. Wilson, 503 U.S. 329, 331-35 (1992) (acting through BOP, Attorney Generalnot sentencing courtis responsible for awarding credit for time served on federal sentence); Munz v. Michael, 28 F.3d 795, 798 (8th Cir. 1994) (writ of habeas corpus ad prosequendum does not alter prisoner§ 3585(b)Â’s proscription), cert. denied,
We decline to review, for the first time on appeal, whether the district court failed to credit Mr. BakerÂ’s sentence other than for the period specified in his petition. See Ryder v. Morris, 752 F.2d 327, 332 (8th Cir.), cert. denied,
Finally, we conclude the district court did not err in refusing to grant a change of venue, see United States v. Chappel, 208 F.3d 1069, 1069-70 (8th Cir. 2000) (per curiam) (§ 2241 petition may be filed in district where inmate is confined, in United States District Court for District of Columbia, or in any district in which BOP maintains regional office, as BOP can be considered inmateÂ’s custodian for purpose of calculating pretrial-detention credit), and it did not abuse its discretion in refusing to allow dismissal, because by the time Mr. Baker filed his request, the government had
Appeal from the United States
District Court for the District
of Minnesota.
[UNPUBLISHED]
responded to his petition and the Magistrate Judge had issued a report, see Hamm v. Rhone-Poulenc Rorer Pharm., Inc., 187 F.3d 941, 950-51 (8th Cir. 1999), cert. denied, 120 S. Ct. 937 (2000).
Accordingly, we affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
[1] The Honorable James M. Rosenbaum, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota.
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This document cites
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. John Lee Chappel, Appellant., 208 F.3d 1069 (8th Cir. 2000)
- U.S. Court of Appeals for the Eighth Circuit - No. 98-1063, 187 F.3d 941 (8th Cir. 1999)
- U.S. Supreme Court - United States v. Wilson, 503 U.S. 329 (1992)
- U.S. Court of Appeals for the Eighth Circuit - Thomas A. Munz, Appellee, v. Tobin Michael, Deputy U.S. Marshal; Kirk Papenthien, Deputy U.S. Marshal, Appellants, David R. Hansen, U.S. District Judge, Defendant., 28 F.3d 795 (8th Cir. 1994)
- U.S. Court of Appeals for the Eighth Circuit - Virgil F. Ryder, Appellant, v. Terry Morris, Superintendent, Moberly Training Center for Men, Appellee., 752 F.2d 327 (8th Cir. 1985)
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