United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 30, 2006
Charles R. Fulbruge III
Clerk
No. 05-10871
Summary Calendar
LEVI WOODERTS, JR.,
Petitioner-Appellant,
versus
WARDEN, FEDERAL CORRECTIONAL INSTITUTION SEAGOVILLE,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CV-188
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Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Levi Wooderts, Jr., federal prisoner # 29639-077, appeals
from the district court’s denial of his 28 U.S.C. § 2241
petition. Wooderts argues that the Bureau of Prisons (BOP)
improperly denied him credit on his federal sentence beginning
from the time of his arrest by state law enforcement officials
and that, following the dismissal of state charges and lifting of
a state parole violator warrant, he was in the sole custody of
the federal Government. Wooderts has failed to show that the
state custody was interrupted, and he was not entitled to credit
*
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this opinion should not be published and is not precedent except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. 05-10871
-2-
on his federal sentence for the time that he was in federal
custody pursuant to a writ of habeas corpus ad prosequendum. See
United States v. Brown, 753 F.2d 455, 456 (5th Cir. 1985). With
the benefit of liberal construction, Wooderts also argues that
the BOP failed to consider properly his request for a nunc pro
tunc designation that would have effectuated the concurrent
running of his federal and state sentences. Given the district
court’s clarification that Wooderts’s sentence was to be served
consecutively to any state sentence, the BOP did not abuse its
discretion in declining to grant Wooderts’s request. See 18
U.S.C. §§ 3584(a)-(b), 3621(b).
The district court’s judgment is AFFIRMED.