Filed: Mar. 17, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 17, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-41259 Summary Calendar MARQUETTE D. WILSON, Petitioner-Appellant, versus CONSTANCE REESE, Warden, Respondent-Appellee. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:03-CV-439 - Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:* Marquette D. Wilson, federal inmat
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 17, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-41259 Summary Calendar MARQUETTE D. WILSON, Petitioner-Appellant, versus CONSTANCE REESE, Warden, Respondent-Appellee. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:03-CV-439 - Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:* Marquette D. Wilson, federal inmate..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS March 17, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-41259
Summary Calendar
MARQUETTE D. WILSON,
Petitioner-Appellant,
versus
CONSTANCE REESE, Warden,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:03-CV-439
--------------------
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Marquette D. Wilson, federal inmate # 61683-080, appeals the
denial of relief on his 28 U.S.C. § 2241 petition. Wilson was
sentenced to a 65-month federal term of imprisonment, and was
subsequently sentenced by a state court to a concurrent 10-year
term. After completing his state sentence, Wilson was released
to a federal detainer and began serving his 65-month sentence.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 03-41259
-2-
Wilson unsuccessfully sought credit against his federal sentence
from the Bureau of Prisons (BOP).
We review the district court’s decision for plain error
because Wilson failed to file timely objections to the magistrate
judge’s report. See Douglass v. United Servs. Auto. Ass’n,
79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc).
Because Wilson received credit against his state sentence
for the time he was in federal custody pursuant to a writ of
habeas corpus ad prosequendum, he is not entitled to credit
against his federal sentence under 28 U.S.C. § 3585(b). See
United States v. Cleto, 956 F.2d 83, 85 (5th Cir. 1992); Vignera
v. Att’y Gen.,
455 F.2d 637, 638 (5th Cir. 1972); Wilson’s
argument under 28 U.S.C. § 3584(b) and U.S.S.G. § 5G1.3 that his
federal sentence should have been ordered to run concurrently to
his state sentence concerns an alleged error that occurred at
sentencing and does not arise under 28 U.S.C. § 2241. See Jeffers
v. Chandler,
253 F.3d 827, 830 (5th Cir. 2001). Wilson’s
assertion that the BOP is bound by the state court’s concurrent
sentencing order fails under Leal v. Tombone,
341 F.3d 427,
427-30 (5th Cir. 2003).
Because Wilson did not argue in the district court that he
was entitled to credit based on the alleged interruption of his
federal sentence, this court need not consider the contention
on appeal. See Free v. Miles, 333 F.3d 550, 552 n.4 (5th Cir.
2003).
No. 03-41259
-3-
Wilson has failed to show error, plain or otherwise, on the
part of the district court. Accordingly, the judgment of the
district court is AFFIRMED.
