Stephen Norwood v. John Fox

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Steven M. Colloton (UNPUBLISHED) [4353417] [15-1767]

United States Court of Appeals
For the Eighth Circuit
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No. 15-1767
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Stephen Wayne Norwood
lllllllllllllllllllll Plaintiff - Appellant
v.
John Fox, Interim Warden, FCI - Forrest City
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Helena
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Submitted: December 23, 2015
Filed: January 7, 2016
[Unpublished]
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Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-1767

Page: 1

Date Filed: 01/07/2016 Entry ID: 4353417

Federal inmate Stephen Norwood appeals the district court’s1 denial of his 28
U.S.C. § 2241 petition in which he sought prior-custody credit towards service of his
federal sentence. Upon careful de novo review, see Abdullah v. Hedrick, 392 F.3d
957, 959 (8th Cir. 2004), we conclude that Norwood was not entitled to relief. It is
undisputed that the entire time period at issue was credited against a state sentence
that he was serving (notwithstanding his contention that the state lost “primary”
custody over him at some point). Thus, the time was not eligible for credit against
his federal sentence. See 18 U.S.C. § 3585(b); Elwell v. Fisher, 716 F.3d 477, 481
(8th Cir. 2013).
Accordingly, we affirm. See 8th Cir. R. 47B.
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1

The Honorable Kristine G. Baker, United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendations of the Honorable
Jerome T. Kearney, United States Magistrate Judge for the Eastern District of
Arkansas.
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Appellate Case: 15-1767

Page: 2

Date Filed: 01/07/2016 Entry ID: 4353417