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United States v. Tolbert

United States District Court, E.D. Michigan, Southern Division
Apr 30, 2024
No. 22-20454 (E.D. Mich. Apr. 30, 2024)

Opinion

22-20454

04-30-2024

UNITED STATES OF AMERICA, Plaintiff, v. ORLANDO TOLBERT, Defendant.


ORDER DENYING DEFENDANT'S LETTER REQUEST [33]

HONORABLE NANCY G. EDMUNDS, JUDGE

This matter is before the Court on Defendant Orlando Tolbert's letter requesting credit for time served in home confinement. (ECF No. 33.) It is the United States Attorney General through the Bureau of Prisons, however, not the sentencing court, that has the authority to compute sentencing credits. See United States v. Wilson, 503 U.S. 329, 335 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993). Defendant may challenge the Bureau's calculations, after the exhaustion of his administrative remedies, by filing a habeas corpus petition pursuant to 28 U.S.C. § 2241 in the district where he is confined. See McClain, 9 F.3d at 505.

For the foregoing reasons, Defendant's letter request is DENIED.

SO ORDERED.


Summaries of

United States v. Tolbert

United States District Court, E.D. Michigan, Southern Division
Apr 30, 2024
No. 22-20454 (E.D. Mich. Apr. 30, 2024)
Case details for

United States v. Tolbert

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. ORLANDO TOLBERT, Defendant.

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Apr 30, 2024

Citations

No. 22-20454 (E.D. Mich. Apr. 30, 2024)