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U.S. v. HANRAHAN, 2:11-0119 WBS KJN. (2017)

Court: District Court, E.D. California Number: infdco20170713934 Visitors: 33
Filed: Jul. 12, 2017
Latest Update: Jul. 12, 2017
Summary: ORDER WILLIAM B. SHUBB , District Judge . Defendant Robert Hanrahan, a federal prisoner proceeding pro se, has filed a Motion requesting the court to reduce the amount of time remaining on his sentence based on custody credits he claims he earned but which the Bureau of Prisons is denying him. (Def.'s Mot. (Docket No. 282).) "Calculation of time served in a federal sentence is governed by 18 U.S.C. 3585(b)." United States v. Lualemaga, 280 F.3d 1260 , 1265 (9th Cir. 2002). " 3585(b
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ORDER

Defendant Robert Hanrahan, a federal prisoner proceeding pro se, has filed a Motion requesting the court to reduce the amount of time remaining on his sentence based on custody credits he claims he earned but which the Bureau of Prisons is denying him. (Def.'s Mot. (Docket No. 282).) "Calculation of time served in a federal sentence is governed by 18 U.S.C. § 3585(b)." United States v. Lualemaga, 280 F.3d 1260, 1265 (9th Cir. 2002). "§ 3585(b) does not authorize a district court to compute credit for time served." United States v. Peters, 470 F.3d 907, 909 (9th Cir. 2006) (citing United States v. Wilson, 503 U.S. 329, 334 (1992)). "Rather, credit for time served is a matter within the province of the Bureau of Prisons under § 3585(b). . . ." United States v. Moore, 54 F. App'x 632, 633 (9th Cir. 2002). Because the court lacks authority to grant the relief defendant requests, it must deny defendant's Motion.

IT IS THEREFORE ORDERED that defendant's Motion (Docket No. 282) be, and the same hereby is, DENIED.

Source:  Leagle

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