Opinion
Case No. 3:01CV7472.
February 1, 2002
ORDER
This is a § 2255 action in which the defendant claims that errors occurred at his sentencing and that he was not given credit for time served while awaiting trial and sentencing.
For the reasons that follow, defendant's petition shall be denied.
Defendant entered into a plea agreement in which he agreed to waive his right to appeal his sentence "on any ground." He confirmed that agreement in his oral colloquy when he proffered his plea. He does not claim (and it appears that he could not plausibly claim) that his plea was involuntary or unknowing.
Agreements not to appeal have been upheld. See, e.g., United States v. Bazzi, 94 F.3d 1025, 1028 (6th Cir. 1996). Defendant's petition must, accordingly, be dismissed due to his waiver of his right to challenge his sentence.
With regard to defendant's claim that he was not given credit for time served, the government points out that this is a matter over which this court has no control. See United States v. Wilson, 503 U.S. 329, 333 (1992) (Sec.3585(b), which entitles defendant convicted of federal crime right to receive credit for time spent in official detention before sentence begins does not authorize district court to award credit at sentencing). Defendant's recourse, accordingly, is through the Bureau of Prisons, not this court.
In light of the foregoing, it is
ORDERED THAT the petition under 28 U.S.C. § 2255 be, and the same hereby is denied.
I hereby certify that an appeal from this decision would be frivolous, and leave to appeal in forma pauperis shall not be granted.
So ordered.