United States Ninth Circuit

In a habeas petition claiming that the Federal Bureau of Prisons (BOP) erred by refusing to issue an order under 18 U.S.C. section 3621(b) that retroactively (nunc pro tunc) designated the Montana state prison where petitioner served his state sentence as the place where he began serving his federal sentence, denial of the petition is affirmed where: 1) the BOP had the authority to decline to make a nunc pro tunc designation of a state prison notwithstanding a state court's contrary order; and 2) the district court did not clearly err in determining that petitioner was under the primary jurisdiction of the state at the time of his federal conviction.

Appellate Information

• Argued 05/05/2009
• Decided 05/07/2010
• Published 05/07/2010

Judges

• Before WILLIAM A. FLETCHER, CARLOS T. BEA and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen R. Sady, Chief Deputy Federal Public Defender, for the appellant.


• For Appellees:
  
• Suzanne A. Bratis, Assistant United States Attorney, for the appellee.