Opinion
Criminal Nos. 94-cr-021.
October 20, 2008
MEMORANDUM OPINION AND ORDER
Before the Court is Ralph John Prepetit's Motion To Correct Judgment. Prepetit petitions the Court to issue a recommendation to the Bureau of Prisons so that he can receive credit for time served in cases 94-cr-267 and 94-cr-021.
"A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences . . . that has not been credited against another sentence." 18 U.S.C. § 3585(b) (emphasis added).
Here, Prepetit received consecutive sentences in three cases, totaling a term of imprisonment of 168 months. He has received 414 days of credit for time served in case number 04-cr-353. Under 18 U.S.C. § 3585(b), Prepetit cannot receive additional credit for the same time served in his other cases, 94-cr-267 and 94-cr-021. See id. It is therefore
ORDERED that the motion is DENIED on the grounds that Prepetit is barred from obtaining credit for time served in 94-cr-267 and 94-cr-021 because his time served has already been credited against the 04-cr-353 sentence.