Timothy Nesdahl v. C. Garrett, Warden, FCC Forrest City

United States Court of Appeals
For the Eighth Circuit
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No. 24-2318
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Timothy Nesdahl
lllllllllllllllllllllPlaintiff - Appellant
v.
C. Garrett, Warden, FCC Forrest City
lllllllllllllllllllllDefendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Delta
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Submitted: June 16, 2025
Filed: June 23, 2025
[Unpublished]
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Before LOKEN, GRUENDER, and KOBES, Circuit Judges.
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PER CURIAM.

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Timothy Nesdahl appeals the district court’s1 denial of his 28 U.S.C. § 2241
petition, which claimed that his right to equal protection had been violated because
he was treated more harshly than other inmates who had possessed a cell phone in
prison and were not indicted for a contraband offense, and that the Bureau of Prisons
improperly aggregated his prior drug sentence and his recent contraband sentence into
a single sentence, thereby rendering him ineligible to earn credits under the First Step
Act. On appeal, counsel now argues that Nesdahl earned credits before his recent
contraband sentence, and he is entitled to have those credits restored.
Following careful review, we conclude that the equal-protection and credit-
eligibility claims set forth in Nesdahl’s petition in the district court have been
forfeited because they were not raised in his counseled brief on appeal. See United
States v. Owen, 854 F.3d 536, 541 n.5 (8th Cir. 2017) (issues not raised by counsel
on appeal were forfeited); see also United States v. Mink, 9 F.4th 590, 614 n.7 (8th
Cir. 2021) (declining to consider pro se issues where appellant had counsel). We
further determine that the credit-restoration claim he now raises in his counseled brief
was not properly presented below. See Thompson v. United States, 872 F.3d 560,
565 n.5 (8th Cir. 2017) (claim generally cannot be raised for first time on appeal).
Accordingly, we affirm. See 8th Cir. R. 47A(a).
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1The Honorable James M. Moody, Jr., United States District Judge for the
Eastern District of Arkansas adopting the report and recommendations of the
Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern District of
Arkansas.
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