Opinion
1:02-CR-42
09-09-2022
Your Honor, Mr. Brucker filed a Credit Time Motion with the Court on August 1, 2022. On August 12, 2022, the Court ordered U.S. Probation to file a response to Mr. Bruker's motion. In his Motion, Mr. Brucker is asking the Court to apply 1 year and 4 months of good time credit toward his Steuben County, Indiana, case number 76D01-0203-FA-255. He is currently incarcerated in the Indiana Department of Corrections on the above noted case number related to a probation violation that occurred in March 2017; his projected release date is October 30, 2024.
Mr. Brucker was supervised by U.S. Probation for the instant offense from December 15, 2017, until his arrest on April 24, 2017. He was also simultaneously supervised by Indiana State Parole in case number 76D01-0203-FA-255. On March 28, 2017, he was arrested in Steuben County, Indiana, and charged with Ct. 1: Possession of Methamphetamine and Ct. 2: Possession of Paraphernalia. This arrest violated his State Parole and he was committed to the Indiana Department of Correction.
Mr. Brucker asserts the state is refusing to give him good time credit for the time he served on Parole and Supervised Release; therefore, he asserts that because he was under dual supervision, if the state Court won't give him good time credit on that case, this Court should. This Court has no jurisdiction over the Steuben County case and cannot apply time spent on federal Supervised Release to state jail time credit. As such, his request for motion for credit time should be denied.
Heidi M. Skaggs, U.S. Probation Officer Specialist
Jason Crawford, Supervisory U.S. Probation Officer