Opinion
No. 3-95-CR-045-R.
April 9, 2002.
FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Defendant Derrick Arnold Gray, appearing pro se, has filed a pleading entitled "Motion to Correct Sentence Monitoring Computation Data." The motion has been referred to United States Magistrate Judge Jeff Kaplan for recommendation pursuant to 28 U.S.C. § 636 (b) and an order of reference dated February 21, 2002.
I.
Defendant was convicted of robbery, using and carrying a firearm during a crime of violence, and carjacking. Punishment was assessed at 248 months confinement followed by supervised release for a period of three years. His conviction and sentence were affirmed on direct appeal and collateral review. United States v. Gray, No. 95-10797 (5th Cir. Jul. 11, 1996); United States v. Gray, No. 3-97-CV-0885-R (N.D. Tex. Jan. 9, 1998), COA denied, No. 98-10236 (5th Cir. Mar. 15, 1999). Defendant now seeks credit on his sentence for 249 days spent in custody between the date of his arrest and the imposition of his sentence.
The Court sent written interrogatories to defendant in order to determine whether he presented his claim for sentence credit to the Bureau of Prisons. Defendant filed his interrogatory answers with the district clerk on March 14, 2002. It is apparent from these answers that defendant has not exhausted his administrative remedies. Consequently, his motion should be denied without prejudice.
II.
A federal prisoner must typically exhaust all administrative remedies before seeking judicial relief. This applies to the computation of sentence credit awards. See, e.g. Rodriguez v. Lamar, 60 F.3d 745, 747 (11th Cir. 1995); United States v. Pelaez, 930 F.2d 520, 524 (6th Cir. 1991); United States v. Gabor, 905 F.2d 76, 78 n. 2 (5th Cir. 1990); Chua Han Mow v. United States, 730 F.2d 1308, 1313 (9th Cir. 1984), cert. denied, 105 S.Ct. 1403 (1985). The Bureau of Prisons has established an Administrative Remedy Program whereby inmates can "seek formal review of an issue which relates to any aspect of their confinement." 28 C.F.R. § 542.10. A prisoner must present his claim to the prison warden and appeal any adverse decision to the Regional Director and National Inmate Appeals Administrator. Id. §§ 541.14 542.15(a). Only then can a prisoner seek relief in federal court.
When defendant became aware of the error regarding his sentence computation, he raised the issue with the FCI-Texarkana Records Department. However, defendant has not filed a claim with the prison warden or appealed any adverse decision to the Regional Director and National Inmate Appeals Administrator. (Interrog. Ans. #1). This renders his claim unexhausted.
RECOMMENDATION
Defendant's Motion to Correct Sentence Monitoring Computation Data should be denied without prejudice.