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United States v. Withers

September 11, 2006

UNITED STATES OF AMERICA
v.
RONALD S. WITHERS



The opinion of the court was delivered by: James L. Graham United States District Judge

ORDER

The court has received a letter from the defendant concerning the Bureau of Prison's computation of his jail credit. The court will consider this letter as a motion, and the clerk is directed to file it with the record.

This court does not have jurisdiction to decide this issue. It is the Attorney General, acting through the Bureau of Prisons, who is authorized pursuant to 18 U.S.C. §3585(b) to grant a defendant credit for time served prior to sentencing. United States v. Wilson, 503 U.S. 329, 335 (1992); United States v. Cobleigh, 75 F.3d 242, 251 (6th Cir. 1996). 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. Wilson, 503 U.S. at 335; McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993). This court has no authority to review defendant's claim. United States v. Westmoreland, 974 F.3d 736, 737 (6th Cir. 1992). For this reason, defendant's motion for jail time credit is denied.

20060911

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