Darrell Smith v. B. Eischen, FPC Duluth, Warden

22-3115Court of Appeals for the Eighth CircuitApr 30, 2024

Full text

United States Court of Appeals
For the Eighth Circuit
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No. 23-2620
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Darrell Smith
lllllllllllllllllllllPetitioner - Appellant
v.
B. Eischen, FPC Duluth, Warden
lllllllllllllllllllllRespondent - Appellee
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Appeal from United States District Court
for the District of Minnesota
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Submitted: April 2, 2024
Filed: April 5, 2024
[Unpublished]
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Before BENTON, ERICKSON, and STRAS, Circuit Judges.
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PER CURIAM.
Darrell Smith appeals the judgment of the district court1 dismissing without
prejudice his 28 U.S.C. § 2241 habeas petition, in which he challenged the calculation
1The Honorable Nancy Ellen Brasel, United States District Judge for the
District of Minnesota, adopting the report and recommendations of the Honorable
Dulce J. Foster, United States Magistrate Judge for the District of Minnesota.

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and application of his earned First Step Act time credits by the Bureau of Prisons
(BOP), and the BOP’s method of computing the percentage of Smith’s prison
sentence served. Following our review of the record and the preserved claims for
appeal, we conclude that the district court properly denied relief. Accordingly, the
judgment is affirmed, see 8th Cir. R. 47B, and Smith’s motions to supplement the
record are denied as moot.
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