Summary
following Bottinelli to affirm denial of section 2241 claims predicated on amendment to FSA's goodtime credit provision
Summary of this case from Bell v. MartinezOpinion
No. 19-15641
07-15-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOHN TURNQUIST, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. Nos. 1:12-cr-00173-AWI-BAM-1 1:16-cv-00565-AWI MEMORANDUM and ORDER Appeal from the United States District Court for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding Submitted July 8, 2019 Portland, Oregon Before: FERNANDEZ, GRABER, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Federal prisoner John Turnquist appeals from the district court's denial of his petition for a writ of habeas corpus. We review de novo the district court's denial of Turnquist's petition, Stephens v. Herrera, 464 F.3d 895, 897 (9th Cir. 2006), and we affirm.
The First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194, includes an amendment to 18 U.S.C. § 3624(b) - the good time credit provision - providing federal prisoners the possibility of seven additional days of good time credit per year. § 102(b), 132 Stat. at 5210. Turnquist argues that this amendment took effect upon the Act's enactment on December 21, 2018, and, therefore, requires the Bureau of Prisons to immediately re-calculate his sentence, which would accelerate his projected release date and consequently his transfer to a community corrections facility.
However, our decision filed today in Bottinelli v. Salazar, No. 19-35201 (9th Cir. 2019), resolves this issue. There, we held that the Act's good time credit amendment was not immediately effective upon enactment but will become so with the establishment of the "risk and needs assessment system" on July 19, 2019 - 210 days after the Act's enactment. See §§ 101(a), 102(b), 132 Stat. at 5196-97, 5213. For the reasons explained in Bottinelli, we affirm the denial of Turnquist's habeas petition.
We grant Turnquist's unopposed request for judicial notice. Dkt. No. 20. --------
AFFIRMED.