Unpublished Dispositiongabriel Alvarez, Petitioner-appellant, v. John Gluch, Respondent-appellee, 932 F.2d 967 (6th Cir. 1991)

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Gabriel Alvarez appeals the district court's judgment dismissing his federal habeas corpus petition filed pursuant to 28 U.S.C. § 2241. Following a jury trial, Alvarez was convicted of association with a racketeering enterprise, conspiracy, possessing and distributing cocaine and heroin in violation of 18 U.S.C. § 1962(c) and 21 U.S.C. § 841(a) (1) and Sec. 846. He received a fifteen year sentence, plus five years probation. Alvarez claimed that the Parole Commission erroneously computed his offense severity rating by holding him accountable for the total amount of drugs distributed and possessed by members of the conspiracy in which he participated. He claimed that he should only be held responsible for less than 900 grams of drugs that he admittedly sold to an undercover agent. He requested injunctive relief.

After reviewing the magistrate's report and recommendation, the district court dismissed the petition, as Alvarez failed to establish any violation of his constitutional rights. See Dye v. United States Parole Comm'n, 558 F.2d 1376, 1378 (10th Cir. 1977) (per curiam).

Alvarez raises the same argument on appeal.

Upon consideration, we conclude that the district court properly dismissed the petition for the reasons stated in the magistrate's report and recommendation filed on November 15, 1990, as adopted by the district court in its order filed on January 10, 1991.

Accordingly, the district court's judgment is affirmed. Rule 9(b) (3), Rules of the Sixth Circuit.