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SCHLEINING v. THOMAS

No. 10-35792.

642 F.3d 1242 (2011)

Russell Eugene SCHLEINING, Petitioner-Appellant, v. J.E. THOMAS, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2011.

Attorney(s) appearing for the Case

Stephen R. Sady , Federal Public Defender's Office, Portland, OR, for the petitioner-appellant.

Dwight C. Holton , Kelly A. Zusman , James E. Cox, Jr. , United States Attorney's Office, Portland, OR, for the respondent-appellees.

Before: ALEX KOZINSKI, Chief Judge, CARLOS T. BEA and SANDRA S. IKUTA, Circuit Judges.

OPINION

BEA, Circuit Judge:

This case requires us to determine whether a prisoner is eligible for federal Good Conduct Time ("GCT") under 18 U.S.C. § 3624(b)(1) for time he served in state prison on state charges, before being sentenced on a related charge in federal court. We hold that he is not so eligible.

Federal prisoner Russell Schleining appeals the district court's denial of his petition for writ of habeas corpus challenging the Bureau...

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