Filed: Aug. 15, 2019
Latest Update: Aug. 15, 2019
Summary: MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , District Judge . INTRODUCTION Before the Court is a letter from defendant Kristopher Converse. (Dkt. 33). Mr. Converse says the Bureau of Prisons miscalculated his release date. He asks the Court to resolve the issue. The Court lacks jurisdiction over the motion, which, in any event, appears to be moot. The Court will therefore dismiss the motion. DISCUSSION Before analyzing the issues, the Court will first observe that the Bureau of Prison
Summary: MEMORANDUM DECISION AND ORDER B. LYNN WINMILL , District Judge . INTRODUCTION Before the Court is a letter from defendant Kristopher Converse. (Dkt. 33). Mr. Converse says the Bureau of Prisons miscalculated his release date. He asks the Court to resolve the issue. The Court lacks jurisdiction over the motion, which, in any event, appears to be moot. The Court will therefore dismiss the motion. DISCUSSION Before analyzing the issues, the Court will first observe that the Bureau of Prison'..
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MEMORANDUM DECISION AND ORDER
B. LYNN WINMILL, District Judge.
INTRODUCTION
Before the Court is a letter from defendant Kristopher Converse. (Dkt. 33). Mr. Converse says the Bureau of Prisons miscalculated his release date. He asks the Court to resolve the issue. The Court lacks jurisdiction over the motion, which, in any event, appears to be moot. The Court will therefore dismiss the motion.
DISCUSSION
Before analyzing the issues, the Court will first observe that the Bureau of Prison's inmate locator indicates that Mr. Converse was released from prison on September 21, 2018 — less than a month after he wrote this Court. See https://www.bop.gov/inmateloc/ (last visited Aug. 9, 2019).
If, however, Mr. Converse remains incarcerated, the Court lacks jurisdiction and will therefore dismiss the motion.
First, the Court has no authority to modify a term of imprisonment expect under certain circumstances not present here. See 18 U.S.C. § 3582(c).
Second, a prisoner challenging the calculation of the time remaining on his sentence must first exhaust the administrative remedies available under BOP regulations. Mr. Converse's letter does not say that he exhausted his administrative remedies.
Third, a prisoner challenging his release date must sue in the district where he is incarcerated — not in the sentencing court's district.
ORDER
IT IS ORDERED that defendant's letter motion (Dkt. 33) is DISMISSED.
