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United States v. Kainth

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Feb 10, 2021
No. 2:09-cr-00158-RAJ (W.D. Wash. Feb. 10, 2021)

Opinion

No. 2:09-cr-00158-RAJ

02-10-2021

UNITED STATES OF AMERICA, Plaintiff, v. KAUSHAL KAINTH, Defendant.


ORDER DENYING DEFENDANT'S MOTION FOR CORRECTION OF JAIL TIME CREDIT

THIS MATTER comes before the Court on Defendant Kaushal Kainth's pro se Motion for Correction of Jail Time Credit. Dkt. 254. Having thoroughly considered the parties' briefing and the relevant record, the Court finds oral argument unnecessary and hereby DENIES the motion.

Mr. Kainth has filed a pro se motion requesting that the Court direct the Bureau of Prisons to give him credit for ten extra days of custodial time. The Court agrees with the government's analysis set forth in its briefing that a defendant has an opportunity to challenge the calculation of credit for time served pursuant to 28 U.S.C. § 2241, however, under 28 U.S.C. § 2241(d), venue lies with the district court having personal jurisdiction over the defendant's custodian. Hernandez v. Campbell, 204 F.3d 861, 864 (9th Cir. 2000); Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 495 (1973). As Mr. Kainth is currently incarcerated at Great Plains CI in Hinton, Oklahoma, any such motion contesting the calculation of his time served must be filed in the Western District of Oklahoma.

For the reasons set forth above, Mr. Kainth's motion is DENIED.

DATED this 10th day of February, 2021.

/s/_________

The Honorable Richard A. Jones

United States District Judge


Summaries of

United States v. Kainth

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Feb 10, 2021
No. 2:09-cr-00158-RAJ (W.D. Wash. Feb. 10, 2021)
Case details for

United States v. Kainth

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. KAUSHAL KAINTH, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Date published: Feb 10, 2021

Citations

No. 2:09-cr-00158-RAJ (W.D. Wash. Feb. 10, 2021)