Filed: Aug. 28, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3063 _ Gary Hamell, also known as Gary Hamell-El, lllllllllllllllllllllPlaintiff - Appellant, v. C. V. Rivera, Warden, lllllllllllllllllllllDefendant - Appellee. _ Appeal from United States District Court for the Eastern District of Arkansas - Helena _ Submitted: August 23, 2019 Filed: August 28, 2019 [Unpublished] _ Before COLLOTON, ERICKSON, and GRASZ, Circuit Judges. _ PER CURIAM. Federal inmate Gary Hamell-El appeals the distri
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-3063 _ Gary Hamell, also known as Gary Hamell-El, lllllllllllllllllllllPlaintiff - Appellant, v. C. V. Rivera, Warden, lllllllllllllllllllllDefendant - Appellee. _ Appeal from United States District Court for the Eastern District of Arkansas - Helena _ Submitted: August 23, 2019 Filed: August 28, 2019 [Unpublished] _ Before COLLOTON, ERICKSON, and GRASZ, Circuit Judges. _ PER CURIAM. Federal inmate Gary Hamell-El appeals the distric..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 18-3063
___________________________
Gary Hamell, also known as Gary Hamell-El,
lllllllllllllllllllllPlaintiff - Appellant,
v.
C. V. Rivera, Warden,
lllllllllllllllllllllDefendant - Appellee.
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Helena
____________
Submitted: August 23, 2019
Filed: August 28, 2019
[Unpublished]
____________
Before COLLOTON, ERICKSON, and GRASZ, Circuit Judges.
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PER CURIAM.
Federal inmate Gary Hamell-El appeals the district court’s1 order denying his
28 U.S.C. § 2241 petition challenging his sentence computation by the Bureau of
Prisons (BOP). Following de novo review, we find no error in the application of the
primary jurisdiction doctrine, and conclude that the BOP permissibly denied Hamell-
El credit prior to the commencement of his federal sentence. See Elwell v. Fisher,
716 F.3d 477, 481-87 (8th Cir. 2013). The judgment is affirmed. See 8th Cir. R. 47B.
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1
The Honorable Brian S. Miller, United States District Judge for the Eastern
District of Arkansas, adopting the recommended disposition of the Honorable J.
Thomas Ray, United States Magistrate Judge for the Eastern District of Arkansas.
-2-