Opinion
Criminal 21-00100-01
08-17-2023
UNITED STATES OF AMERICA v. NATHAN P. MCCALL
HORNSBY MAGISTRATE JUDGE.
MEMORANDUM ORDER
S. MAURICE HICKS, JR., DISTRICT JUDGE
On August 4, 2023, Defendant Nathan McCall (“McCall”) filed a letter motion (Record Document 61) requesting the Court amend or correct his sentence. Specifically, he asks the Court to give him credit for the time he spent in the custody of the U.S. Marshals Service. See Record Document 61.
The Court has no authority to grant McCall the relief he requests. Pursuant to 18 U.S.C. § 3585(b), the Attorney General, through the Bureau of Prisons (“BOP”), is charged with calculating a defendant's credit for any time served in federal custody. If a defendant wishes to challenge this calculation, he must first exhaust his available administrative remedies through the BOP before litigating in federal court. See United States v. Wilson, 503 U.S. 329, 335, 112 S.Ct. 1351, 1354-55 (1992). After exhaustion of all administrative remedies, the defendant may then seek review in federal court by filing a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2241, in the district where he is incarcerated. See Pack v. Yusuff, 218 F.3d 448, 451 (5th Cor. 2000). In this case, McCall has made no showing that he has exhausted his administrative remedies through BOP.
Accordingly, IT IS ORDERED that McCall's letter requesting amendment or correction of his sentence (Record Document 61) be and is hereby DENIED WITHOUT PREJUDICE to his right to re-file after he has exhausted his administrative remedies with the BOP.
THUS DONE AND SIGNED.