FILED
NOT FOR PUBLICATION APR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOHN MICHAEL CRIM, No. 09-16302
Petitioner - Appellant, D.C. No. 1:08-cv-01595-LJO
v.
MEMORANDUM *
NEIL H. ADLER, Warden,
Respondent - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Federal prisoner John Michael Crim appeals pro se from the district court’s
judgment denying his 28 U.S.C. § 2241 habeas petition. We have jurisdiction
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
under 28 U.S.C. § 2253 1, and we affirm.
Crim contends that the district court erred by denying his habeas petition
seeking immediate consideration for transfer into a Residential Reentry Center
(RRC). The record reflects that the district court did not err in denying the petition
because, at the time of its decision, Crim had already received an individualized
consideration for RRC placement in accordance with 18 U.S.C. §§ 3621(b) and
3624(c), and Rodriguez v. Smith, 541 F.3d 1180 (9th Cir. 2008).
Crim’s remaining contentions, to the extent they are understandable, are
unavailing.
AFFIRMED.
1
We certify for appeal, on our own motion, the issue of whether the district
court properly denied Crim’s petition.
2 09-16302