Opinion
Case No. 5:13-cr-00394-DLJ
03-04-2016
UNITED STATES OF AMERICA, Plaintiff, v. JUAN ANTONIO RUIZ, Defendant.
ORDER DENYING DEFENDANT'S REQUEST FOR ASSISTANCE IN OBTAINING JAIL CREDITS
Re: Dkt. No. 75
On February 19, 2016, the court received a letter from Defendant Juan Antonio Ruiz ("Defendant"), who is presently serving a federal sentence pursuant to a judgment filed on August 6, 2014. Defendant requests the court's assistance in obtaining credit for time served prior to sentencing. The letter was referred to the undersigned as a general duty matter.
This court is unable to provide Defendant with relief or assistance on this issue. Indeed, after a defendant is sentenced, it is the Bureau of Prisons ("BOP") - not the court - that calculates the applicable release date and any entitlement to sentencing credit. Jonah R. v. Carmona, 446 F.3d 1000, 1002 (9th Cir. 2006) ("The Federal Bureau of Prisons . . . calculates sentences for persons . . . remanded to its custody."); Zavala v. Ives, 785 F.3d 367, 370 n.3 (9th Cir. 2015) ("BOP, rather than the sentencing court, calculates the defendant's entitlement to sentencing credit under [18 U.S.C.] § 3585(b) in the first instance."). Furthermore, the court cannot entertain claims of error in BOP's calculation or in its application of time credits. Challenges to the execution of a sentence are properly raised through a petition under 28 U.S.C. § 2241 and must be brought in the district court where the defendant is confined. See Zavala, 785 F.3d at 370 n.3 ("A defendant may then challenge BOP's calculation - in other words, the execution of the sentence - by filing a petition for a writ of habeas corpus under 28 U.S.C. § 2241."); Muth v. Fondren, 676 F.3d 815, 818 (9th Cir. 2012) ("§ 2241 petitions must be filed in the district where the petitioner is confined . . . ."). Since Defendant's letter reveals that he is currently incarcerated at the United States Penitentiary at Lompoc, such a request must be made to the district court encompassing that prison.
Accordingly, Defendant's request is DENIED.
IT IS SO ORDERED. Dated: March 4, 2016
/s/_________
EDWARD J. DAVILA
United States District Judge