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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH CIR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

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-30081 Summary Calendar DAVID FUSELIER Petitioner-Appellant

v. FREDRICK MENIFEE; BUREAU OF PRISONS Respondents-Appellees
Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:07-CV-1797
Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM: * David Fuselier, federal prisoner # 11580-035, has appealed the district court’s denial of his 28 U.S.C. § 2241 petition challenging the execution of the sentence imposed for his April 2003, guilty plea convictions for conspiracy to violate federal civil rights, interference with housing rights, and using fire or explosives to commit a felony. He argues that the Government waived jurisdiction of its right to execute his sentence due to its excessive delay in taking him into federal custody. He argues that after sentencing, he was taken United States Court of Appeals

Fifth Circuit 

### F I L E D September 25, 2008 Charles R. Fulbruge III ClerkNo. 08-30081

2 toCalcasieu Correctional Center on April 15, 2003; he remained there until May 14, 2007, when he was transferred to a federal prison; he was not in federal custody during this time; and he did not receive credit toward his federal sentence for the time he served in Calcasieu Correctional Center. Because Fuselier is challenging the execution of his sentence, a § 2241 petition is proper. SeeJeffersv. Chandler, 253 F.3d 827, 830 (5th Cir. 2001). “In the context of a § 2241 petition, this court reviews the district court’s determinations of law de novo and its findings of fact for clear error.” Royal v. Tombone

, 141 F.3d 596, 599 (5th Cir. 1998) (internal quotation marks omitted). Fuselier’sclaim is not supported by the record. Fuselier was sentenced to
a total of 13 years and one month. In his objections to the magistrate judge’s report, Fuselier argued that he was not in federal custody while he was at Calcasieu Correctional Center and attached as exhibit A a document containing
a handwritten notation that Fuselier “arrived in BOP custody at USP Pollock on 05/14/2007.” Exhibit A apparently indicates the date on which Fuselier was physically transferred to the federal prison in Pollock, Louisiana. Fuselier’s exhibit B, which was also attached to his objections, shows that he was held in continuous custody at Calcasieu Correctional Center from April 15, 2003, to January 8, 2007, as the state charges were dismissed in lieu of federal prosecution on April 15, 2003. It also shows that Fuselier’s projected release date is March 5, 2014. This release date indicates that Fuselier was given credit toward his federal sentence for the time he served in Calcasieu Correctional Center. Therefore, the record shows that the Government did not delay the execution of Fuselier’s federal sentence and, therefore, the Government did not waivejurisdiction ofits right to execute his sentence. The district court did not
err in determining that Fuselier was not entitled tofederal habeas reliefon this ground. Fuselier has also filed a letter and attached a document from the United States Marshals Service Prisoner Tracking System, which he argues supportsNo. 08-30081

3 hisclaim. Because Fuselier presented this evidence for the first time on appeal,
we may not consider it. SeeTheriotv. Parish ofJefferson, 185 F.3d 477, 491 n.26 (5th Cir. 1999). To the extent that Fuselier’s letter concerning the new evidence may be construed as a motion to supplement the record on appeal, it is denied. AFFIRMED; MOTION DENIED.