VERNON ALVIN LOUISVILLE, Jr. v. A. W. Gibbs

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
VERNON ALVIN LOUISVILLE, Jr.,
Petitioner - Appellant,
v.
A. W. GIBBS,
Respondent - Appellee.
No. 10-56800
D.C. No. 2:10-cv-03070-AG
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Andrew J. Guilford, District Judge, Presiding
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Federal prisoner Vernon Alvin Louisville, Jr. appeals pro se from the district
court’s judgment denying his 28 U.S.C. § 2241 habeas petition. We have
jurisdiction under 28 U.S.C. § 1291. We review the denial of a section 2241
FILED
APR 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-56800 2
habeas petition de novo and factual findings for clear error, see Reynolds v.
Thomas, 603 F.3d 1144, 1148 (9th Cir. 2010), and we affirm.
Louisville contends that he is entitled to credit toward his federal sentence
for the time he served in state custody before he was released to federal authorities
on September 14, 2007. This argument fails because the time Louisville spent in
state custody was already credited toward his state sentence. See 18 U.S.C.
§ 3585(b); Allen v. Crabtree, 153 F.3d 1030, 1033 (9th Cir. 1998) (noting that
section 3585(b) disallows double crediting for time served).
AFFIRMED.

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