Opinion
Criminal Case No. 08-cr-00519-REB.
December 12, 2011.
ORDER
The following matters are before me for consideration: (1) defendant's Motion To Clarify Petitioner's Jail Time" Credit Given By This Court (Judge: Robert E. Blackburn) Upon Sentencing [#70] filed August 16, 2011; and (2) defendant's Motion To Clarify Petitioner's Jail Time" Credit Given By This Court (Judge: Robert E. Blackburn) Upon Sentencing [#74] filed December 5, 2011. The government filed a response to the first motion [#70]. See Response [#72] filed September 16, 2011.
"[#70]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
Based on the file, record, motions, response, and the applicable law, I find and conclude that I should recommend to the Bureau of Prisons that the defendant receive an additional 76 days of credit on the sentence he is serving in this case. Thus, the first motion [#70] should be granted consistent with my findings and conclusions, and the second motion [#74] should be denied as moot.
I approve, adopt, and incorporate the reasons stated, arguments advanced, and authorities cited by the government in its response.
THEREFORE, IT IS ORDERED as follows:
1. That defendants Motion To Clarify Petitioner's Jail Time" Credit Given By This Court (Judge: Robert E. Blackburn) Upon Sentencing [#70] filed August 16, 2011, is granted to the extent it is consistent with the foregoing findings and conclusions and the following orders;
2. That defendants Motion To Clarify Petitioner's Jail Time" Credit Given By This Court (Judge: Robert E. Blackburn) Upon Sentencing [#74] filed December 5, 2011, is denied as moot; and
3. That the court recommends that the Bureau of Prisons award an additional 76 days of credit on the sentence the defendant is serving in this case.