Elawyers Elawyers
Washington| Change

United States v. Cade, 5:13-CR-00091-KDB-DCK-1. (2020)

Court: District Court, W.D. North Carolina Number: infdco20200304c69 Visitors: 20
Filed: Mar. 03, 2020
Latest Update: Mar. 03, 2020
Summary: ORDER KENNETH D. BELL , District Judge . THIS MATTER is before the Court upon motions of the defendant pro se to unseal documents and calculation of jail credit for time spent in federal custody. (Doc. No. 36). It is the responsibility of the Attorney General, through the Bureau of Prisons, to compute jail credit. United States v. Stroud, 584 F. App'x 159, 160 (4th Cir. 2014) (citing United States v. Wilson, 503 U.S. 329 , 334-35 (1992)). If a defendant is not given the sentencing c
More

ORDER

THIS MATTER is before the Court upon motions of the defendant pro se to unseal documents and calculation of jail credit for time spent in federal custody. (Doc. No. 36).

It is the responsibility of the Attorney General, through the Bureau of Prisons, to compute jail credit. United States v. Stroud, 584 F. App'x 159, 160 (4th Cir. 2014) (citing United States v. Wilson, 503 U.S. 329, 334-35 (1992)). If a defendant is not given the sentencing credit he thinks he deserves, his recourse is first to seek an administrative remedy, 28 C.F.R. § 542.10, and after that to file a petition under 28 U.S.C. § 2241 in the district of confinement.1 Id.

The Court has already ruled on the motion to unseal by granting it in part and denying it in part. (Doc. No. 38).

IT IS, THEREFORE, ORDERED, that the defendant's pro se motion for calculation of jail credit, (Doc. No. 36), is DENIED.

The Clerk is directed to certify copies of this order to the defendant, counsel for the defendant, to the United States Attorney, the United States Marshals Service, and the United States Probation Office.

FootNotes


1. The defendant is serving his sentence at Coleman USP in Coleman, Florida. (per BOP records).
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer