German Duenez v. NEIL H. ADLER, 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GERMAN DUENEZ,
Petitioner - Appellant,
v.
NEIL H. ADLER, Warden,
Respondent - Appellee.
No. 09-15625
D.C. No. 1:07-cv-01724-OWW
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Former federal prisoner German Duenez appeals pro se from the district
court’s judgment dismissing his 28 U.S.C. § 2241 petition. We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-15625 2
Duenez contends that the Bureau of Prisons erred by declining to give him
credit toward his federal sentence for the time he served in state custody before he
was convicted and sentenced in federal court. The district court properly denied
the petition because Duenez is not entitled to credit for time served for a separate
state offense. See 18 U.S.C. § 3585(b); see also Taylor v. Reno, 164 F.3d 440,
444-45 (9th Cir. 1998); Thomas v. Brewer, 923 F.2d 1361, 1366-67 (9th Cir.
1991).
AFFIRMED.

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