U.S. v. CHEETER, 4:14CR00010-22 JLH. (2015)
Court: District Court, E.D. Arkansas
Number: infdco20151028a21
Visitors: 17
Filed: Oct. 27, 2015
Latest Update: Oct. 27, 2015
Summary: ORDER J. LEON HOLMES , District Judge . Arlin Gene Cheeter has filed a motion asking that the Court amend the judgment to give him credit for the six months he served in Pulaski County, Arkansas. In that motion, Cheeter says that the Court informed him at the sentencing hearing that he would be given credit for the time that he was in custody at the Pulaski County Detention Center from October 21, 2013, to March 13, 2014. That allegation is inaccurate. The Court has no authority to award c
Summary: ORDER J. LEON HOLMES , District Judge . Arlin Gene Cheeter has filed a motion asking that the Court amend the judgment to give him credit for the six months he served in Pulaski County, Arkansas. In that motion, Cheeter says that the Court informed him at the sentencing hearing that he would be given credit for the time that he was in custody at the Pulaski County Detention Center from October 21, 2013, to March 13, 2014. That allegation is inaccurate. The Court has no authority to award cr..
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ORDER
J. LEON HOLMES, District Judge.
Arlin Gene Cheeter has filed a motion asking that the Court amend the judgment to give him credit for the six months he served in Pulaski County, Arkansas. In that motion, Cheeter says that the Court informed him at the sentencing hearing that he would be given credit for the time that he was in custody at the Pulaski County Detention Center from October 21, 2013, to March 13, 2014. That allegation is inaccurate. The Court has no authority to award credit for time served and did not say at the sentencing hearing that Cheeter would be given credit for that time. The determination of credit for time served must be left to the Bureau of Prisons. United States v. Pardue, 363 F.3d 695, 699 (8th Cir. 2004). After administrative remedies within the Bureau of Prisons are exhausted, a prisoner may seek judicial review of the jail-time credit determination by filing a habeas petition in the district where the defendant is incarcerated under 28 U.S.C. § 2241. Id. at 699. The motion is DENIED. Document #517.
IT IS SO ORDERED.
Source: Leagle
