Opinion
Case No. 2:01CR534
May 16, 2003
ORDER
Before the Court is petitioner Watnes' motion for modification of sentence. Petitioner was indicted on September 19, 2001 on two counts of violating 18 U.S.C. § 922(g)(1) and one count of violating 18 U.S.C. § 922(g)(3). On October 11, 2001, petitioner was removed from state custody on a federal Writ of Habeas Corpus Ad Prosequendum and arraigned on the Indictment. After pleading guilty to count two of the Indictment, petitioner was sentenced on March 7, 2002. At the sentencing, this Court stated that petitioner "will get credit for time . . . already served." However, the judgment and commitment order does not reflect that the Court's oral pronouncement that he be given credit for time served. Furthermore, the United States Bureau of Prisons does not show that petitioner entitled to credit for time already served. Therefore, petitioner asks the Court to grant him credit for the time spent in federal custody prior to his sentencing.
Plaintiff agrees and joins defendant in asking this Court to correct the judgment and commitment order to accurately reflect this Court's sentence. For the reasons set forth in plaintiff's brief and pursuant to Rule 36 of the Federal Rules of Criminal Procedure, the Court ORDERS that Jason Dale Watnes' judgment and commitment order be amended to include language crediting him with time served in federal custody from October 11, 2001 to March 7, 2002. IT IS SO ORDERED.