Gary Hamell v. C.V. Rivera, No. 18-3063 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Colloton, Erickson and Grasz, Circuit Judges] Prisoner case - Habeas. The district court did not err in applying the primary jurisdiction doctine in denying Hamell-El's Section 2241 petition alleging a computational error by the Bureau of Prisons; the BOP permissibly denied Hamell-El credit prior to the commencement of his federal sentence. [ August 27, 2019
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3063 ___________________________ Gary Hamell, also known as Gary Hamell-El, lllllllllllllllllllllPlaintiff - Appellant, v. C. V. Rivera, Warden, lllllllllllllllllllllDefendant - Appellee. ____________ Appeal from United States District Court for the Eastern District of Arkansas - Helena ____________ Submitted: August 23, 2019 Filed: August 28, 2019 [Unpublished] ____________ Before COLLOTON, ERICKSON, and GRASZ, Circuit Judges. ____________ PER CURIAM. Federal inmate Gary Hamell-El appeals the district court’s1 order denying his 28 U.S.C. § 2241 petition challenging his sentence computation by the Bureau of Prisons (BOP). Following de novo review, we find no error in the application of the primary jurisdiction doctrine, and conclude that the BOP permissibly denied HamellEl credit prior to the commencement of his federal sentence. See Elwell v. Fisher, 716 F.3d 477, 481-87 (8th Cir. 2013). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas, adopting the recommended disposition of the Honorable J. Thomas Ray, United States Magistrate Judge for the Eastern District of Arkansas. -2-
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