UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

JERRY MILLER, JR.,

Petitioner - Appellant,

vs.

MICHAEL V. PUGH; UNITED STATES PAROLE COMMISSION,

Respondents - Appellees.

No. 99-1219

(	D.C. No. 98-Z-407)

(D. Colo.)

ORDER AND JUDGMENT*

Before ANDERSON, KELLY, and BRISCOE, Circuit Judges.**

Petitioner-Appellant Jerry Miller, Jr., an inmate appearing pro se, appeals the dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Mr. Miller challenges a 1997 decision of the United States Parole Commission to revoke his parole on a prior conviction based upon a 1984 parole violator warrant that was filed as a detainer. He contends that under former 18 U.S.C. § 4213(d) (1976), the parole violator warrant should be deemed to have been executed in 1984 because the marshal is required to execute such warrants. He also contends that he is entitled to a release date in accordance with a maximum guideline range of 152 months based upon a proper application of § 235(b)(3) of Sentencing Reform Act of 1984. We have carefully reviewed Mr. Miller's claims below and on appeal, we grant his motion for leave to proceed on appeal in forma pauperis and affirm for substantially the reasons set forth in the district court's order and judgment of dismissal. See R. doc. 22.

AFFIRMED.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge