Tsang v. Commty Corr Mgr Bur ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10409
Conference Calendar
YUK RUNG TSANG,
Petitioner-Appellant,
versus
U.S. BUREAU OF PRISONS, ET AL.,
Respondents,
THE COMMUNITY CORRECTION MANAGER FOR
THE BUREAU OF PRISONS,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:98-CV-114
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December 15, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Federal prisoner Yuk Rung Tsang appeals the district court’s
dismissal for failure to state a claim of his 28 U.S.C. § 2241
petition alleging that his constitutional rights were violated
when the Bureau of Prisons (“BOP”) denied him a one-year sentence
reduction, pursuant to 18 U.S.C. § 3621(e), after he completed a
500-hour drug-treatment program. Tsang does not brief any
*
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that this opinion should not be published and is not precedent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. 99-10409
-2-
argument in connection with the ex-post-facto claim he raised in
the district court, and that claim is waived. See Yohey v.
Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); Fed. R. App. P.
28(a).
Tsang renews his argument that the denial of the one-year
credit violated his due process rights. His due-process claim
fails because there is no protected liberty interest in early
release under § 3621. See Rublee v. Fleming, 160 F.3d 213, 216
(5th Cir. 1998); Venegas v. Henman, 126 F.3d 760, 765 (5th Cir.
1997)(“[t]he loss of the mere opportunity to be considered for
discretionary early release is too speculative to constitute a
deprivation of a constitutionally protected liberty interest”),
cert. denied, 118 S. Ct. 1679 (1998). Accordingly, the district
court did not err in dismissing his petition, and its judgment is
AFFIRMED. Tsang’s motions for an expedited appeal and for
discovery are DENIED.
AFFIRMED; MOTIONS DENIED.