U.S. v. MILLS, 2:07-cr-214. (2012)
Court: District Court, S.D. Ohio
Number: infdco20120321b87
Visitors: 7
Filed: Mar. 20, 2012
Latest Update: Mar. 20, 2012
Summary: ORDER JAMES L. GRAHAM, District Judge. Defendant has filed a motion requesting this court to review and recalculate the jail time credit to which he is entitled. This court does not have jurisdiction to determine defendant's jail time credit. It is the Attorney General, acting through the Bureau of Prisons, which is authorized pursuant to 18 U.S.C. 3583(b) to grant a defendant credit for time served. United States v. Wilson , 503 U.S. 329 , 335 (1992). Only after a prisoner has sought admi
Summary: ORDER JAMES L. GRAHAM, District Judge. Defendant has filed a motion requesting this court to review and recalculate the jail time credit to which he is entitled. This court does not have jurisdiction to determine defendant's jail time credit. It is the Attorney General, acting through the Bureau of Prisons, which is authorized pursuant to 18 U.S.C. 3583(b) to grant a defendant credit for time served. United States v. Wilson , 503 U.S. 329 , 335 (1992). Only after a prisoner has sought admin..
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ORDER
JAMES L. GRAHAM, District Judge.
Defendant has filed a motion requesting this court to review and recalculate the jail time credit to which he is entitled. This court does not have jurisdiction to determine defendant's jail time credit. It is the Attorney General, acting through the Bureau of Prisons, which is authorized pursuant to 18 U.S.C. § 3583(b) to grant a defendant credit for time served. United States v. Wilson, 503 U.S. 329, 335 (1992). Only after a prisoner has sought administrative review of the computation of the Bureau of Prisons pursuant to 28 C.F.R. § 542.10-542.16 and has exhausted his administrative remedies can he seek judicial review of that determination under 28 U.S.C. § 2241. Id.; McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993). This court has no authority to review defendant's request. United States v. Westmoreland, 974 F.2d 736, 737 (6th Cir. 1992). Defendant's motion for recalculation of his jail time credit is denied.
Source: Leagle
