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Engel v. Federal

United States Court of Appeals, Ninth Circuit
Dec 27, 2006
214 F. App'x 715 (9th Cir. 2006)

Summary

upholding the BOP's procedure for calculating good-time credits under 18 U.S.C. § 3624(b)

Summary of this case from Michael v. United States

Opinion

No. 06-35065.

Submitted December 21, 2006.

This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed December 27, 2006.

Donald James Engel, Sheridan, OR, pro se.

Appeal from the United States District Court for the District of Oregon, Anna J. Brown, District Judge, Presiding. D.C. No. CV-05-01834-AJB.

Before: GOODWIN, WALLACE and LEAVY, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Donald James Engel appeals pro se from the district court's judgment denying his 28 U.S.C. § 2241 petition challenging the Bureau of Prisons' ("BOP") method for calculating good-time credits. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Engel contends that the BOP's procedure for calculating good-time credits under 18 U.S.C. § 3624(b) contradicts the plain language of the statute, is contrary to legislative intent, offends the Rule of Lenity, is not entitled to Chevron deference, and is unconstitutional. These contentions are foreclosed by Mujahid v. Daniels, 413 F.3d 991, 998-99 (9th Cir. 2005), and Pacheco-Camacho v. Hood, 272 F.3d 1266, 1270-72 (9th Cir. 2001). We reject Engel's contention that Pacheco-Camacho has been overruled by the concurring opinion in Crandon v. United States, 494 U.S. 152, 177-78, 110 S.Ct. 997, 108 L.Ed.2d 132 (1990). Accordingly, the district court's judgment is affirmed.

Engel's motion for the appointment of counsel is denied.

AFFIRMED.


Summaries of

Engel v. Federal

United States Court of Appeals, Ninth Circuit
Dec 27, 2006
214 F. App'x 715 (9th Cir. 2006)

upholding the BOP's procedure for calculating good-time credits under 18 U.S.C. § 3624(b)

Summary of this case from Michael v. United States
Case details for

Engel v. Federal

Case Details

Full title:Donald James ENGEL, Petitioner-Appellant, v. FEDERAL BUREAU OF PRISONS; et…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 27, 2006

Citations

214 F. App'x 715 (9th Cir. 2006)

Citing Cases

Michael v. United States

The Ninth Circuit has consistently upheld this delegation. See Engel v. Fed. Bureau of Prisons, 214 F. App'x…