Michael Roberts, a.k.a. Kedrin Kizzee v. RANDY L. TEWS, Warden

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL ROBERTS, a.k.a. Kedrin
Kizzee,
Petitioner - Appellant,
v.
RANDY L. TEWS, Warden,*
Respondent - Appellee.
No. 14-55354
D.C. No. 2:13-cv-06595-GAF
MEMORANDUM**
Appeal from the United States District Court
for the Central District of California
Gary A. Feess, District Judge, Presiding
Submitted April 7, 2015***
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.
Federal prisoner Michael Roberts appeals pro se from the district court’s
* Pursuant to Federal Rule of Appellate Procedure 43(C)(2), Randy L.
Tews is substituted for his predecessor, R. Phillip Guttierez as Warden.
** This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, Roberts’s
request for oral argument is denied.
FILED
APR 15 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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denial of his 28 U.S.C. § 2241 habeas corpus petition challenging the computation
of his custody credits. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Roberts contends that he is entitled to credit towards his federal sentence for
the time he served between February 22, 2000, and January 7, 2003. This court
reviews the district court’s denial of a habeas corpus petition de novo. See
Schleining v. Thomas, 642 F.3d 1242, 1246 (9th Cir. 2011). The district court
correctly found that Roberts was serving time on a state sentence during the
relevant time period, thereby precluding credit towards his federal sentence for the
same period. See 18 U.S.C. § 3585(b); United States v. Wilson, 503 U.S. 329, 337
(1992).
AFFIRMED.

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