Filed: Mar. 31, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7709 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JEROME VANCE, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:11-cr-00074-RBH-1) Submitted: March 27, 2014 Decided: March 31, 2014 Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges. Affirmed by unpublished per curiam opinion. Jerome Vance, A
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7709 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JEROME VANCE, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:11-cr-00074-RBH-1) Submitted: March 27, 2014 Decided: March 31, 2014 Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges. Affirmed by unpublished per curiam opinion. Jerome Vance, Ap..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7709
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JEROME VANCE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:11-cr-00074-RBH-1)
Submitted: March 27, 2014 Decided: March 31, 2014
Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior
Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jerome Vance, Appellant Pro Se. Alfred William Walker Bethea,
Jr., Assistant United States Attorney, Florence, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jerome Vance appeals the district court’s text order
denying his motion to correct a sentencing error. On appeal,
Vance asserts that the district court erred in denying his
motion because he was promised at sentencing credit for pretrial
incarceration. Vance claims that the Bureau of Prisons (“BOP”)
miscalculated his credit for pretrial detention and requests a
correction. Finding no error, we affirm.
“A defendant shall be given credit toward the service
of a term of imprisonment for any time he has spent in official
detention prior to the date the sentence commences . . . .” 18
U.S.C. § 3585(b) (2012). Section 3585(b), however, does not
permit a district court to determine credit at sentencing.
United States v. Wilson,
503 U.S. 329, 334 (1992). Rather, only
the Attorney General, acting through the BOP, may compute
sentencing credit.
Id. at 334-35. A prisoner wishing to
challenge the BOP’s computation or execution of a federal
sentence may do so via a petition for a writ of habeas corpus
under 28 U.S.C. § 2241 (2012), in the district of his
confinement following exhaustion of available administrative
remedies. See Garza v. Davis,
596 F.3d 1198, 1203 (10th Cir.
2010); see also Timms v. Johns,
627 F.3d 525, 531 (4th Cir.
2010) (concluding that, absent exceptional circumstances,
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prisoners must exhaust alternative remedies before seeking
federal habeas relief).
Vance has presented no evidence that he has exhausted
his administrative remedies, and we ascertain no error in the
district court’s denial of relief. Accordingly, we affirm. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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