United States v. Gastelum-Lara

Full title: UNITED STATES OF AMERICA, Plaintiff, v. SAUL GASTELUM-LARA, Defendant.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

Date published: Feb 25, 2014

CASE NO. 4:03-CR-25 (N.D. Ohio Feb. 25, 2014)

Opinion

CASE NO. 4:03-CR-25

02-25-2014

UNITED STATES OF AMERICA, Plaintiff, v. SAUL GASTELUM-LARA, Defendant.

JAMES S. GWIN

OPINION & ORDER

[Resolving Doc. No. 109]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:

Defendant Saul Gastelum-Lara moves the Court for early release pursuant to 18 U.S.C. § 3624.¹ Defendant Gastelum-Lara seeks relief based on the Federal Prison Nonviolent Offender Relief Act of 2013, H.R. 62, 113th Cong. (2013).²

1 Doc. 109.

2 Id.

However, this Bill has not been passed by the House of Representatives or the Senate. It further has not been signed by the President. Accordingly, it is not law.³ Moreover, the Court notes that even if it were the law, under 18 U.S.C. § 3624 it is the Attorney General and Bureau of Prisons, not the district court, that has authority to compute time served.⁴ As such, the Court is without jurisdiction to grant the motion.

3 See U.S. C ONST., art. I, §7, cl. 2.

4 "[T]he 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).
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Therefore, Defendant is not entitled to the relief sought.

IT IS SO ORDERED.

___________________

JAMES S. GWIN

UNITED STATES DISTRICT JUDGE