Opinion
Case No. 2:00cr299.
June 22, 2004
ORDER
This matter is before the court on a motion by defendant to "Correct Sentence to Date of Arrest" filed with the court on May 14, 2004. In his motion defendant argues that since his case commenced on April 23, 2000 he should be given credit for time served since that date.
Defendant has raised this issue previously in an informal communication with the court dated January 14, 2004. United Stated Probation Officer Karl L. Richins responded to that communication directly in which letter Mr. Richins indicates that although defendant was arrested on April 23, 2000, he was taken into Utah state custody at that time. Defendant did not come into federal custody until October 11, 2000. He remained in federal custody until December 6, 2001, when he was released back to the state of Utah and then again returned to federal custody on February 5, 2002 where he has remained.
The United States Code provides that "[a] defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences . . . that has not been credited against another sentence". 18 U.S.C. § 3585(b). This court does not have the power to give the defendant credit for time which he spent in state custody, nor does this court have control over how the Bureau of Prisons (BOP) has interpreted and calculated the defendant's sentence as it is the BOP which determines credit for time served under 18 U.S.C. § 3585(b) and not the District Court. See United States v. Wilson, 503 U.S. 329, 335, 112 S.Ct. 1351, 1355 (1992). For the foregoing reasons, the defendant's motion is hereby
DENIED.
IT IS SO ORDERED.