Opinion
3:02-CR-129-TAV-DCP-1
11-15-2024
UNITED STATES OF AMERICA, Plaintiff, v. JEFFERY D. RAY, JR., Defendant.
MEMORANDUM OPINION AND ORDER
THOMAS A. VARLAN UNITED STATES DISTRICT JUDGE.
This criminal case is before the Court on defendant's pro se motion for jail time credit [Doc. 59]. Defendant requests a Court order granting him jail time credit from the date of his arrest, May 25, 2012, arguing that “he was in state custody in this matter before the[] same charges were filed in federal court” [Id. at 1].
This request cannot be granted. A district court “cannot grant or compute sentence credits under 18 U.S.C. § 3585(b),” United States v. Williams, No. 05-20377-JDB, 2008 WL 3850212, at *1 (W.D. Tenn. Aug. 18, 2008), because “the power to grant credit for time served lies solely with the Attorney General and the Bureau of Prisons.” United States v. Crozier, 259 F.3d 503, 520 (6th Cir. 2001) (citing 18 U.S.C. § 3535(b); United States v. Wilson, 503 U.S. 329, 333 (1992)); see also United States v. Brown, 417 Fed.Appx. 488, 493 (6th Cir. 2011) (“[A]warding credit for time served is the exclusive responsibility of the Bureau of Prisons.”); United States v. Thomas, No. 22-2147, 2023 WL 8450683, at *2 (6th Cir. Dec. 6, 2023) (stating that the district court would have erred if it had relied on § 3585(b) to credit time served to the defendant's sentence). If the Bureau of Prisons declines to credit the defendant's time served, he may then raise his claim through its Administrative Remedy Program. Setser v. United States, 566 U.S. 231, 244 (2012) (citing 28 C.F.R. § 542.10, et seq.). After exhausting his administrative remedies, the defendant may then petition for a writ of habeas corpus under 28 U.S.C. § 2241, a petition which must be filed in defendant's district of confinement, rather than here, in the sentencing Court. Id.
Accordingly, defendant's motion for jail time credit [Doc. 59] is DENIED.
IT IS SO ORDERED.