Opinion
CR No. 88-146-1-FR
April 14, 2001
Kristine Olson United States Attorney Frank Noonan Assistant United States Attorney Portland, Oregon Attorneys for Plaintiff.
Jesus Corral Reg. No. 354704-065 Federal Correctional Complex Institution, Medium, C-1 Coleman, Florida Defendant Pro Se.
OPINION AND ORDER
In the matter before the court, the defendant, Jesus Corral, moves the court for an order granting him credit for time spent in pretrial detention from November 30, 1995 to February 5, 1996.
In Chua Han Mow v. United States, 730 F.2d 1308 (9th Cir. 1984), the court explained:
Under 18 U.S.C. § 3568, "[t]he Attorney General shall give any such person credit toward service of his sentence for any days spent in custody in connection with the offense or acts for which sentence was imposed." This court has held that "[i]t is the administrative responsibility of the Attorney General, the Department of Justice, and the Bureau of Prisons to compute sentences and apply credit where it is due. It is not the province of the sentencing court." It is only when a prisoner has exhausted his administrative remedies that he becomes entitled to litigate the matter in the district court.
Id. at 1313 (citation omitted).
This court has no role in deciding whether the defendant should receive credit for time spent in pretrial detention from November 30, 1995 to February 5, 1996 until the administrative process which has been established by the Bureau of Prisons has been exhausted.
IT IS HEREBY ORDERED that the defendant's petition to credit pretrial detention to the sentence (#109) is DENIED.