### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 30913 Summary Calendar

JERRY LYNN HIGH , P etitioner

- Appellant

v. C. MAIORANA , Respondent

- Appellee

Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:14

- CV

- 3075

Before REAVLEY, OWEN, and ELROD, Circuit Judges. PER CURIAM: * Jerry Lynn High, federal prisoner # 85063

- 071, appeals the denial of his 28 U.S.C. § 2241 petition challenging the computation of his concurrent 30

- year federal sentence s for possession of cocaine and attempted possession of cocaine . High contends that th e Bureau of Prisons (BOP) failed to credit him for the time he spent in state presentence detention between the commission of his federal offenses and the start of his multiple state sentences for drug

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set f orth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 22, 2016

Lyle W. Cayce Clerk Case: 15-30913 Document: 00513646322 Page: 1 Date Filed: 08/22/2016No. 15

- 30913

2 trafficking , totaling 70 years of incarceration , which were run concurrently with his federal sentences

. See BOP Program Statement 5880.28, Sentence Computation Manual, 7/19/99, p. 1

- 22

. On appeal from the denial of a § 2241 petition, we review the district court’s factual findings for clear error and its conclusio ns of law de novo. Christopher v. Miles , 342 F.3d 378, 381 (5th Cir. 2003)

. A federal prisoner is entitled to credit against his sentence for any time spent in official nonfederal detention between the date of his commission of the fede ral offense and the start of his federal sentence, so long as that time “has not been credited against another sentence.” 18 U.S.C. § 3585(b) ; see United States v. Wilson , 503 U.S. 329, 337 (1992). The pleadings and record establish that High committed t he instant federal offenses, at the latest, on January 26, 1989; that he was arrested on state drug charges on June 19, 1989; that his state drug trafficking sentences commenced on January 22, 1991; and that his federal sentences began on July 17, 1991. T he record further reflects that 582 days of state presentence detention

— between June 19, 1989 , and January 22, 1991

— were credited against High’s state sentences

. Based thereon, the BOP determined that § 3585(b) barred High from applying his already

- credit ed state presentence detention time against his federal sentence

. High asserts that he is excepted from § 3585(b)’s double

- credit prohibition because his concurrent state sentences were fully discharged in 2009, causing his nonfederal full

- term date to be come shorter than his federal full

- term date of 2021

. See Willis v. United States , 438 F.2d 923, 925 (5th Cir. 1971); Kayfez v. Gasele , 993 F.2d 1288, 1289

- 90 (7th Cir. 1993) ; BOP Program Statement 5880.28, Sentence Computation Manual, 7/19/99, p. 1

- 22

. To the contrary, High’s early discharge from state custody ha d no bearing on his applicable nonfederal full

- term date because the BOP calculates a prisoner’s Case: 15-30913 Document: 00513646322 Page: 2 Date Filed: 08/22/2016No. 15

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3 time

- served credits as of the date he enters federal custody us ing his “raw” (as

imposed) nonfeder al full

- term date , not the date on which his nonfederal sentence actually expires

. See Kayfez , 993 F.2d at 1290; Wilson , 503 U.S. at 335; BOP Program Statement 5880.28, Sentence Computation Manual, 7/19/99, p. 1

- 22

. Because at the time he entered federal custody High’s “raw” 70

- year state term of incarceration d warf ed h is concurrent 30

- year federal

se ntences , the BOP correctly determined that he wa s not entitled to doubl e credit for the 582 days he spent in pr esentence state detention

. See § 3585(b) ; Wil lis , 438 F.2d at 925

. Accordingly, we find no error in the district court’s denial of relief under § 2241

. See Miles , 342 F.3d at 381 ; Kinder v. Purdy , 222 F.3d 209, 213 (5th Cir. 2000). AFFIRMED. Case: 15-30913 Document: 00513646322 Page: 3 Date Filed: 08/22/2016