Twitty v. Beasley
ORDER adopting 4 Recommendation and overruling 5 Objections. Twitty's petition will be dismissed without prejudice. No certificate of appealability will issue. Signed by Judge D. P. Marshall Jr. on 8/23/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
G. BEASLEY, Warden, FCI - Forrest City Low
On de nova review, the Court adopts Magistrate Judge Volpe's
recommendation, NQ 4, and overrules Twitty' s objections, NQ 5.
P. 72(b )(3). Twitty believes that the public safety factor makes him" ineligible
for the year off" his sentence. NQ 5. But placement in community confinement
wouldn't affect the length of Twitty' s sentence; he'd just be serving his time
in a different type of facility. E.g., 18 U.S.C. § 3624(c)(l). While that may feel
like a "year off" to Twitty, the distinction makes a difference under the law.
Twitty' s petition will therefore be dismissed without prejudice. No certificate
of appealability will issue. 28 U.S.C. § 2253(c)(l)-(2).
D.P. Marshall Jr. f
United States District Judge
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