Philip Burgess v. U.S. Parole Comm., No. 06-1441 (8th Cir. 2007)

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Court Description: Prisoner case - habeas. Denial of Section 2241 petition affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-1441 ___________ Philip L. Burgess, Appellant, v. U.S. Parole Commission, Appellee. * * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: April 5, 2007 Filed: April 9, 2007 ___________ Before RILEY, HANSEN, and MELLOY, Circuit Judges. ___________ PER CURIAM. Philip L. Burgess appeals the district court s1 order denying his 28 U.S.C. § 2241 petition, wherein he challenged the failure of the United States Parole Commission to convert his foreign sentence to a sentence for an analogous United States offense pursuant to 18 U.S.C. § 4106A, following his transfer to the United States to serve a sentence imposed in Mexico. Having conducted careful de novo review, see Hutchings v. U. S. Parole Comm n, 201 F.3d 1006, 1008-09 (8th Cir. 1 The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District Court for the Western District of Missouri. 2000) (standard of review), we affirm the judgment of the district court for the reasons explained by the court.2 See 8th Cir. R. 47B. ______________________________ 2 We decline to consider Burgess s arguments raised for the first time on appeal, which are based on allegations not made in the district court. See Naucke v. City of Park Hills, 284 F.3d 923, 927 n.2 (8th Cir. 2002). -2-