Opinion
3:18-CR-00025-RJC-DCK
09-06-2022
USA v. TAMMY DENISE SMITH
ORDER
ROBERT J. CONRAD, JR., DISTRICT JUDGE
THIS MATTER is before the Court upon motion of the defendant pro se for a reduction of her supervised release term based on the alleged miscalculation of earned time credits under the First Step Act of 2018. (Doc. No. 38).
It is the responsibility of the Attorney General, through the Bureau of Prisons, to compute jail credit. United States v. Stroud, 584 Fed.Appx. 159, 160 (4th Cir. 2014) (citing United States v. Wilson, 503 U.S. 329, 334-35 (1992)). If a defendant is not given the sentencing credit she thinks she deserves, her recourse is first to seek an administrative remedy, 28 C.F.R. § 542.10, and after that to file a petition under 28 U.S.C. § 2241 in the district of confinement. Id.
The defendant is serving her sentence at Alderson FPC in Alderson, West Virginia. (Doc. No. 38: Motion at 1).
IT IS, THEREFORE, ORDERED, that the defendant's pro se motion for reduction of supervised release term, (Doc. No. 38), is DENIED.
The Clerk is directed to certify copies of this order to the defendant, counsel for the defendant, to the United States Attorney, the United States Marshals Service, and the United States Probation Office.