Filed: Aug. 25, 2006
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 August 25, 2006 Charles R. Fulbruge III Clerk No. 05-50698 Conference Calendar ETHAN ERWIN ROBERTS, Petitioner-Appellant, versus DENNIS SMITH, Warden, Federal Correctional Institute, La Tuna, Respondent-Appellee. - Appeal from the United States District Court for the Western District of Texas USDC No. 3:05-CV-103 - Before DAVIS, SMITH, and WIENER, Circuit Judges. PER CURIAM:* Ethan
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 25, 2006 Charles R. Fulbruge III Clerk No. 05-50698 Conference Calendar ETHAN ERWIN ROBERTS, Petitioner-Appellant, versus DENNIS SMITH, Warden, Federal Correctional Institute, La Tuna, Respondent-Appellee. - Appeal from the United States District Court for the Western District of Texas USDC No. 3:05-CV-103 - Before DAVIS, SMITH, and WIENER, Circuit Judges. PER CURIAM:* Ethan E..
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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 August 25, 2006
Charles R. Fulbruge III
Clerk
No. 05-50698
Conference Calendar
ETHAN ERWIN ROBERTS,
Petitioner-Appellant,
versus
DENNIS SMITH, Warden, Federal Correctional Institute, La Tuna,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:05-CV-103
--------------------
Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Ethan Erwin Roberts, federal prisoner # 01721-017, pleaded
guilty to conspiracy to manufacture methamphetamine and, on April
12, 2000, was sentenced to 112 months of imprisonment. He
appeals the district court’s denial of his 28 U.S.C. § 2241
petition challenging the Bureau of Prisons’ (BOP’s) method of
calculating his good-time credits under 18 U.S.C. § 3624(b).
Roberts argues that the BOP has incorrectly interpreted
§ 3624(b), resulting in the potential loss of 65 days of good-
*
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this opinion should not be published and is not precedent except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. 05-50698
-2-
time credits. In Sample v. Morrison,
406 F.3d 310, 312-13 (5th
Cir. 2005), this court rejected the precise arguments that
Roberts now advances. The Sample court dismissed the appeal for
lack of subject-matter jurisdiction, however, concluding that the
petition was not ripe for review.
Id. at 312. The court
concluded that the “temporally distant and speculative nature” of
the claims rendered the § 2241 petition premature.
Id.
As Roberts concedes, his arguments are foreclosed by Sample.
Because Roberts is seeking the same sort of relief found
premature in Sample, we dismiss the instant appeal for lack of
subject-matter jurisdiction.
APPEAL DISMISSED.