Filed: Jul. 17, 2017
Latest Update: Mar. 03, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 17 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BRIAN CLAROS-BEY, No. 16-16872 Petitioner-Appellant, D.C. No. 4:15-cv-00501-BGM v. MEMORANDUM* J. T. SHARTLE, Respondent-Appellee. Appeal from the United States District Court for the District of Arizona Bruce G. Macdonald, Magistrate Judge, Presiding** Submitted July 11, 2017*** Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges. Brian Claros-Bey appeals pro s
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 17 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BRIAN CLAROS-BEY, No. 16-16872 Petitioner-Appellant, D.C. No. 4:15-cv-00501-BGM v. MEMORANDUM* J. T. SHARTLE, Respondent-Appellee. Appeal from the United States District Court for the District of Arizona Bruce G. Macdonald, Magistrate Judge, Presiding** Submitted July 11, 2017*** Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges. Brian Claros-Bey appeals pro se..
More
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRIAN CLAROS-BEY, No. 16-16872
Petitioner-Appellant, D.C. No. 4:15-cv-00501-BGM
v.
MEMORANDUM*
J. T. SHARTLE,
Respondent-Appellee.
Appeal from the United States District Court
for the District of Arizona
Bruce G. Macdonald, Magistrate Judge, Presiding**
Submitted July 11, 2017***
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
Brian Claros-Bey appeals pro se from the district court’s order denying his
28 U.S.C. § 2241 habeas corpus petition. We review the denial of a section 2241
petition de novo, see United States v. Lemoine,
546 F.3d 1042, 1046 (9th Cir.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The parties consented to proceed before a magistrate judge.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
2008), and we affirm.
Claros-Bey was convicted in the Superior Court of the District of Columbia.
He was assessed $500 pursuant to the Victims of Violent Crime Compensation Act
of 1996 (“VVCCA”) and designated to serve his custodial sentence with United
States Bureau of Prisons (“BOP”). Claros-Bey contends that the BOP lacks
authority to collect, through its Inmate Financial Responsibility Program (“IFRP”),
the $500 VVCCA assessment. This claim is belied by the language of the
applicable statutes and regulations. Regardless of how the VVCA assessment is
categorized under 28 C.F.R. § 545.11(a), the BOP is authorized to collect Claros-
Bey’s VVCCA assessment from wages earned during his period of incarceration.
See D.C. Code § 24-101(a) (any person incarcerated pursuant to the District of
Columbia Official Code is in BOP custody and subject to BOP regulations);
id. at
§ 4-516(a) (assessments made pursuant to the VVCCA shall be paid from wages
subsequently earned, including “in a facility of the Department of Corrections or
elsewhere”). Moreover, contrary to Claros-Bey’s contention, his participation in
the IFRP is voluntary and “does not implicate [his] constitutional rights.” See
Lemoine, 546 F.3d at 1049.
AFFIRMED.
2 16-16872