Demond Easter v. C. Rivera, et al

Filing

UNPUBLISHED OPINION FILED. [16-41182 Affirmed ] Judge: WED , Judge: ECP , Judge: GJC Mandate pull date is 11/02/2017 [16-41182]

Case: 16-41182

Document: 00514150106

Page: 1

Date Filed: 09/11/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-41182
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
September 11, 2017
Lyle W. Cayce
Clerk

DEMOND EASTER,
Petitioner-Appellant
v.
C.V. RIVERA; JOHN FOX,
Respondents-Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:13-CV-484
Before DAVIS, PRADO, and COSTA, Circuit Judges.
PER CURIAM: *

Demond Easter, federal prisoner # 29733-177, filed this 28 U.S.C. § 2241
petition to challenge officials’ calculation of his time served pursuant to
Program Statement 5160.05 (PS 5160.05).

The district court denied the

petition, and this appeal ensued.
Easter does not pursue his claim concerning PS 5160.05. Rather, he
argues that his federal and state sentences should run concurrently under

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 16-41182

Document: 00514150106

Page: 2

Date Filed: 09/11/2017

No. 16-41182
U.S.S.G. § 5G1.3. Because this claim was not presented to the district court,
we decline to consider it. See Leverette v. Louisville Ladder Co., 183 F.3d 339,
342 (5th Cir. 1999). Additionally, because Easter fails to address the propriety
of the district court’s analysis of his PS 5160.05 claim, he shows no error in the
district court’s rejection of this claim. See Matchett v. Dretke, 380 F.3d 844,
848 (5th Cir. 2004).
AFFIRMED.

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