WILLIAM DUNNE V. G.J. BISSETT, No. 17-16231 (9th Cir. 2018)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED AUG 21 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT WILLIAM D. DUNNE, No. Petitioner-Appellant, U.S. COURT OF APPEALS 17-16231 D.C. No. 2:15-cv-00549-JAM v. MEMORANDUM* G.J. BISSETT, Respondent-Appellee. Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding Submitted August 15, 2018** Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges. Federal prisoner William D. Dunne appeals pro se from the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Dunne contends that he was entitled to parole after he served 30 years of his * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). federal sentence, pursuant to 18 U.S.C. § 4206(d). We review de novo matters of statutory interpretation and the district court’s decision to deny a section 2241 habeas petition. See United States v. Havelock, 664 F.3d 1284, 1289 (9th Cir. 2012) (en banc); Stephens v. Herrera, 464 F.3d 895, 897 (9th Cir. 2006). Prisoners sentenced before the Sentencing Reform Act, such as Dunne, “shall be released on parole after having served two-thirds of each consecutive term or terms, or after serving thirty years of each consecutive term or terms of more than forty-five years including any life term, whichever is earlier,” absent certain findings. See 18 U.S.C. § 4206(d) (repealed 1987). Dunne received several consecutive federal prison terms, each one less than 45 years. We conclude, as have other courts, that the 30-year provision does not apply to Dunne’s case. Rather, section 4206(d) entitles Dunne to parole only after he serves two-thirds of each consecutive term. The government’s motion for judicial notice is granted. AFFIRMED. 2 17-16231

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