Opinion
No. 16-15334
03-14-2017
JONI KLYANA, Petitioner-Appellant, v. CRAIG APKER, Respondent-Appellee.
NOT FOR PUBLICATION
D.C. No. 1:15-cv-01115-LJO MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Lawrence J. O'Neill, Chief Judge, Presiding Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Federal prisoner Joni Klyana 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. 2008), and we affirm.
Klyana contends that the sentencing court improperly delegated its authority to schedule his restitution payments. This claim is belied by the record, which reflects that the sentencing court properly assessed Klyana's ability to pay and ordered that he make payments of not less than $25 per quarter during his term of imprisonment as part of the Inmate Financial Responsibility Program ("IFRP"). See 18 U.S.C. § 3664(f)(2); Lemoine, 546 F.3d at 1046 (upholding identical restitution order). We reject Klyana's contention that he is exempted from the regulations of the IFRP because he is housed at a government-owned, contractor-operated facility. See Lemoine, 546 F.3d at 1046 n.2 (federal inmate remains in federal custody, and thus subject to the Bureau of Prisons' authority through the IFRP, even where he is housed at an "independently operated" facility).
AFFIRMED.