Unpublished Disposition, 925 F.2d 1471 (9th Cir. 1991)

MEMORANDUM^** 

Thompson appeals from the district court's dismissal of his petition for a writ of habeas corpus for failure to exhaust administrative remedies. We review as a question of law a district court's decision to grant or deny a writ of habeas corpus, while reviewing for clear error any factual findings upon which that decision was based, Doganiere v. United States, 914 F.2d 165, 167 (CA9 1990), and we affirm.

We noted in United States v. Martinez, 837 F.2d 861 (CA9 1988) that the doctrine of credit for time at liberty entitles a convicted person to credit against his sentence for time erroneously spent at liberty, so long as the government was guilty of simple or mere negligence and the delay in execution of the sentence was not the defendant's fault. Id. at 865. However, and whatever the merits of Thompson's claim concerning the above with respect to his own 241 days of inadvertent liberty, it is undisputed that he has made no effort to exhaust his readily available administrative remedies pursuant to 28 CFR Secs. 542.10-542.16, and such requires affirmance. See e.g., Martinez, 837 F.2d at 866; Martinez v. Roberts, 804 F.2d 570, 571 (CA9 1986) (per curiam); Tatum v. Christensen, 786 F.2d 959, 965 (CA9 1986) (per curiam); Chua Han Mow v. United States, 730 F.2d 1308, 1313-14 (CA9 1984), cert. denied, 470 U.S. 1031 (1985).

There being no merit to Thompson's contention, the decision of the district court is

AFFIRMED.