Opinion
CASE NO. 5:17-CR-00254-01
11-10-2020
UNITED STATES OF AMERICA v. CHRISTOPHER DE'LANIO TAYLOR (01)
MAGISTRATE JUDGE HORNSBY
ORDER & REASONS
On October 26, 2020, Defendant Christopher Taylor filed a letter motion seeking clarification of his sentence. [ECF No. 53]. Specifically, Taylor asks that the Court issue an Order awarding him credit for time served, beginning on September 22, 2016. Id. at 2.
Taylor was arrested by state authorities on September 22, 2016 for charges related to the instant offense. [ECF No. 32 at 12, ¶ 48]. Taylor was arrested by federal authorities on October 16, 2017. Id. at 2. --------
Claims that attack prison authorities' determination of the duration of a term of imprisonment, or an alleged failure to grant presentence credit, must be addressed as habeas corpus petitions under 28 U.S.C. § 2241. United States v. Brown, 753 F.2d 455, 456 (5th Cir. 1985); Kinder v. Purdy, 222 F.3d 209, 212 (5th Cir. 2000). 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 prior to sentencing. 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 (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 Cir. 2000). In this case, Taylor has made no showing that he has exhausted his administrative remedies through the BOP. Accordingly,
IT IS ORDERED that Taylor's motion requesting credit for time served from September 22, 2016 is DENIED WITHOUT PREJUDICE to his right to re-file after he has exhausted his administrative remedies with the BOP.
SIGNED this 10th day of November, 2022.
/s/ _________
ROBERT G. JAMES
UNITED STATES DISTRICT JUDGE