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ELWELL v. FISHER

No. 12-2594.

716 F.3d 477 (2013)

Charles Lee ELWELL, Petitioner-Appellant v. Scott P. FISHER, Warden, FCI Sandstone, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2013.

Attorney(s) appearing for the Case

Steven Paul DeVolder , argued, Norfolk, lA, William L. Kutmus , on the brief. West Des Moines, lA, for Appellant.

David W. Fuller , Assistant United States Attorney, argued, Mary J. Madigan , Assistant United States Attorney, on the brief, Minneapolis, MN, for Appellee.

Before SMITH, MELLOY, and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

Federal prisoner Charles Lee Elwell appeals the denial of his 28 U.S.C. § 2241 petition for habeas relief. In his petition, Elwell challenged a Bureau of Prisons ("BOP") denial of a request for a nunc pro tunc designation in relation to, and denial of federal credit for, time he spent in physical custody prior to completion of a state term of imprisonment. We affirm the denial of relief.

I.

In 2006, Elwell was arrested...

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