Wayne Ginnis v. J. T. SHARTLE, Warden

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WAYNE GINNIS,
Petitioner-Appellant,
v.
J. T. SHARTLE, Warden,
Respondent-Appellee.
No. 18-17255
D.C. No. 4:17-cv-00515-JAS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James Alan Soto, District Judge, Presiding
Submitted May 21, 2019**
Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
Federal prisoner Wayne Ginnis appeals pro se from the district court’s denial
of his 28 U.S.C. § 2241 habeas corpus petition. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Ginnis contends that he is entitled to a recalculation of his sentence to
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
MAY 29 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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correct an error regarding his target release date and to include credit for time
served. We review the denial of a habeas petition de novo, and review factual
findings for clear error. See Zavala v. Ives, 785 F.3d 367, 370 (9th Cir. 2015).
Because the time that Ginnis seeks to credit to his federal sentence was credited to
his state sentence, he is not entitled to any additional credit for time served. See 18
U.S.C. § 3585(b); United States v. Wilson, 503 U.S. 329, 337 (1992). We therefore
affirm the district court’s denial of relief as to this claim. See Manta v. Chertoff,
518 F.3d 1134, 1146 (9th Cir. 2008) (appellate court may affirm on any ground
supported by the record). The district court and the magistrate judge stated that the
proper target release date for his sentence is April 3, 2020, rather than August 17,
2020. We agree with the district court that this issue is best addressed in a separate
habeas proceeding.
Appellant’s motion to file a supplemental brief is granted. The clerk will
file the brief submitted at Docket Entry No. 11.
AFFIRMED.

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