U.S. v. Hernandez

Full title: UNITED STATES OF AMERICA, v. PEDRO ANTONIO HERNANDEZ, Defendant

Court: United States District Court, S.D. New York

Date published: Jan 25, 2005

No. 02 Cr. 1208 (LAK) (S.D.N.Y. Jan. 25, 2005)

Opinion

02 Cr. 1208 (LAK).

January 25, 2005

ORDER

LEWIS KAPLAN, District Judge

Defendant was sentenced on March 19, 2003 for illegal reentering the United States to a term of imprisonment of 77 months. Defendant has moved for the Court to clarify his sentence, contending that the Bureau of Prisons will not give him credit for time spent in federal custody prior to sentencing.

In order to obtain judicial review of the Bureau of Prisons' calculation of his sentence, defendant first must exhaust his administrative remedies within the Bureau and then, if still dissatisfied, may seek judicial review by filing a petition for a writ of habeas corpus in the district in which he is confined. See United States v. Whaley, 148 F.3d 205 (2d Cir. 1998). There is no indication that defendant has exhausted his administrative remedies, and he has not filed a habeas petition.

Defendant's application for assistance is denied without prejudice to his pursuit of such remedies.

SO ORDERED.