Filed: Nov. 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 FOR THE FIFTH CIRCUIT November 17, 2004 Charles R. Fulbruge III Clerk No. 04-10203 Summary Calendar RICKIE LEE BEASLEY, Petitioner-Appellant, versus K. J. WENDT, Respondent-Appellee. - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CV-2102-R - Before GARZA, DeMOSS, and CLEMENT, Circuit Judges PER CURIAM:* Rickie Lee Beasley, federal prisoner # 26417-077, app
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 17, 2004 Charles R. Fulbruge III Clerk No. 04-10203 Summary Calendar RICKIE LEE BEASLEY, Petitioner-Appellant, versus K. J. WENDT, Respondent-Appellee. - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CV-2102-R - Before GARZA, DeMOSS, and CLEMENT, Circuit Judges PER CURIAM:* Rickie Lee Beasley, federal prisoner # 26417-077, appe..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 17, 2004
Charles R. Fulbruge III
Clerk
No. 04-10203
Summary Calendar
RICKIE LEE BEASLEY,
Petitioner-Appellant,
versus
K. J. WENDT,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CV-2102-R
--------------------
Before GARZA, DeMOSS, and CLEMENT, Circuit Judges
PER CURIAM:*
Rickie Lee Beasley, federal prisoner # 26417-077, appeals
the district court’s denial of his 28 U.S.C. § 2241 petition.
Beasely argues that the Bureau of Prisons (BOP) incorrectly
calculated his sentence.
By failing to brief the issue on appeal, Beasley has
abandoned his assertion that he should receive credit on his
federal sentence for the time from his arrest until his return to
*
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this opinion should not be published and is not precedent except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. 04-10203
-2-
state custody after receiving his federal sentence. See Yohey v.
Collins,
985 F.2d 222, 224-25 (5th Cir. 1993).
The sentencing court did not specify at sentencing whether
Beasley’s federal sentence was to be served consecutively to, or
concurrently with, his state sentence. However, Beasley was
“already subject to an undischarged term of imprisonment” and
“[m]upltiple terms of imprisonment imposed at different times run
consecutively unless the court orders that the terms are to run
concurrently.” 18 U.S.C. § 3584(a); see also Free v. Miles,
333
F.3d 550, 553 (5th Cir. 2003). Accordingly, Beasley was not
entitled to credit toward his federal sentence for the time
during which he was serving his state sentence. The judgment of
the district court is affirmed because Beasley has not shown
error in the computation of his sentence. See Bickford v. Int’l
Speedway Corp.,
654 F.2d 1028, 1031 (5th Cir. 1981).
AFFIRMED.