Opinion
3:20-cr-856
07-05-2022
United States of America, Plaintiff, v. Amber Marie Dargartz, Defendant.
ORDER
Jeffrey J. Helmick, United States District Judge
On May 26, 2022, I held a final hearing regarding the revocation of Defendant Amber Marie Dargartz's term of supervised release. I found Dargartz to be in violation of the conditions of her supervised release, revoked her release, and ordered her to serve a term of 60 days with the Federal Bureau of Prisons. (Doc. No. 47). Dargartz has filed a motion to modify her sentence by applying jail time credit for time she served after being arrested but before I entered the order journalizing her sentence for her supervised release violation. (Doc. No. 48). The government opposes Dargartz's motion, arguing I do not have the authority to modify her sentence to give Dargartz credit for her prior time in custody. (Doc. No. 49). I agree and deny Dargartz's motion.
A defendant:
shall be given credit toward the service of a term of imprisonment for any time [s]he has spent in official detention prior to the date the sentence commences . . . as a result of the offense for which the sentence was imposed[,] or . . . as a result of any other charge for which the defendant was arrest after the commission of the offense for which the sentence was imposed[,] that has not been credited against another sentence.18 U.S.C. § 3585(b)(1)-(2). The Attorney General, acting through the BOP, has the obligation to ensure a defendant is given credit for a qualifying period of prior custody. United States v. Wilson, 503 U.S. 329, 334-35 (1992). Moreover, a district court is prohibited from encroaching upon the Attorney General's duty to administer the sentence. Id.
While I lack the authority to grant Dargartz the relief she seeks, the government represents the BOP is aware of Dargartz's period of prior custody and has adjusted her release date accordingly. (See Doc. No. 49 at 2 (The “BOP currently estimates Defendant's projected release date to be July 19, 2022 ....”)).
For these reasons, I deny Dargartz's motion to modify her sentence. (Doc. No. 48).
So Ordered.