Lee Andrew Cain v. U.s. Bureau of Prisons;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
DRS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEE ANDREW CAIN,
Petitioner - Appellant,
v.
U.S. BUREAU OF PRISONS; et al.,
Respondents - Appellees.
No. 08-15416
D.C. No. CV-07-01571-OWW
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Federal prisoner Lee Andrew Cain appeals pro se from the district court’s
judgment dismissing his 28 U.S.C. § 2241 petition challenging the denial of prior
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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DRS/Research 08-15416 2
custody credit. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Cain contends that he is entitled to presentence custody credit for time spent
in a community corrections center while on pretrial release, because the restrictive
conditions at the center amounted to “official detention” within the meaning of 18
U.S.C. § 3585(b). This contention fails under Reno v. Koray, 515 U.S. 50, 65
(1995) (holding that a defendant required to reside at a community treatment center
while released on bail is not entitled to credit pursuant to § 3585(b)).
We decline to address claims Cain has raised for the first time on appeal.
See Allen v. Ornoski, 435 F.3d 946, 960 (9th Cir. 2006).
Cain’s motion to expedite this appeal is denied as moot.
AFFIRMED.

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