Demond Easter v. C. Rivera, et al


UNPUBLISHED OPINION FILED.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

Download PDF
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?