United States v. Vitrano

Full title: UNITED STATES OF AMERICA, Plaintiff, v. THOMAS P. VITRANO, Defendant.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

Date published: Jan 27, 2016

Case No. 15-C-1252 (E.D. Wis. Jan. 27, 2016)

Opinion

Case No. 15-C-1252 Case No. 02-CR-199

01-27-2016

UNITED STATES OF AMERICA, Plaintiff, v. THOMAS P. VITRANO, Defendant.

HON. RUDOLPH T. RANDA U.S. District Judge

DECISION AND ORDER

Thomas Vitrano filed a motion to correct a clerical error in his judgment, and also an emergency motion for immediate release. Vitrano contends that his release date, as calculated by the Bureau of Prisons, is incorrect. Vitrano also filed a petition for a writ of mandamus. The Seventh Circuit denied his petition, reasoning as follows: "The calculation of a sentence may be challenged by filing a petition for a writ of habeas corpus under 28 U.S.C. § 2241 in the district of confinement after exhausting any administrative remedies." Vitrano v. Randa, No. 15-3716, Docket entry No. 2 (citing Clemente v. Allen, 120 F.3d 703, 705 (7th Cir. 1997) and Carnine v. United States, 974 F.2d 924, 927 (7th Cir. 1992)).

For the same reasons, Vitrano's motions [ECF Nos. 8, 9] are DENIED.

Dated at Milwaukee, Wisconsin, this 27th day of January, 2016.

BY THE COURT:

/s/ _________

HON. RUDOLPH T. RANDA

U.S. District Judge