United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 16, 2006
Charles R. Fulbruge III
Clerk
No. 05-10240
Summary Calendar
IGNACIO CHAMPION LOPEZ,
Petitioner-Appellant,
versus
COLE JETER,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CV-924
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Ignacio Champion Lopez, federal prisoner #15603-077, appeals
the district court’s denial of his 28 U.S.C. § 2241 petition. He
challenges the district court’s conclusion that he received
credit on his state sentence for the time he spent in federal
custody pursuant to a writ of habeas corpus ad prosequendum. He
argues that the Bureau of Prisons (BOP) violated the Due Process
Clause of the Fourteenth Amendment and the Double Jeopardy Clause
*
Pursuant to 5TH 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
No. 05-10240
-2-
of the Fifth Amendment when it amended the sentencing court’s
judgment by denying the orally ordered credit to his sentence.
Evidence in the record supported the district court’s
factual determination that Lopez received credit on his state
sentence for the time spent in federal prison pursuant to a writ
of habeas corpus ad prosequendum. Thus, this determination was
not clearly erroneous. See Free v. Miles, 333 F.3d 550, 552 (5th
Cir. 2003). Nor did the district court err in finding as a
matter of law that Lopez was not entitled to the credit he
sought. Time spent by a prisoner in federal custody for the
purpose of appearing in federal court via a writ of habeas corpus
ad prosequendum is not counted towards the federal sentence if
that time was credited toward his state sentence. United States
v. Brown, 753 F.2d 455, 456 (5th Cir. 1985); 18 U.S.C. § 3585(b).
AFFIRMED.