Charles I. Covey v. USA

*
The Honorable Ann D. Montgomery, United States District Judge for the
District of Minnesota, adopting the report and recommendation of the Honorable
Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-3299
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Victor Rivera, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the District
* of Minnesota.
Lisa J. W. Hollingsworth, Warden, *
FCI Sandstone, * [UNPUBLISHED]
*
Appellee. *
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Submitted: July 16, 2004
Filed: July 27, 2004
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Before MURPHY, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Federal inmate Victor Rivera, confined in the Federal Correctional Institution
at Sandstone, Minnesota, appeals the district court's * dismissal of Rivera's 28 U.S.C.
§ 2241 petition. After carefully reviewing the record, we conclude the Federal
Bureau of Prisons properly calculated Rivera's sentence to commence on the date it

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was imposed and to run for 147 months. We also conclude the district court did not
abuse its discretion in denying Rivera an evidentiary hearing. See Newton v. Kemna,
354 F.3d 776, 785 (8th Cir. 2004).
We affirm the judgment of the district court. See 8th Cir. R. 47B.
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