United States District Court, S.D. New York
UNITED STATES OF AMERICA,
CARLOS M. PEREZ, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Defendant was convicted in October 2003 of being a felon in
possession of a firearm in violation of 18 U.S.C. § 921 and
sentenced principally to a term of imprisonment of 30 months. By
letter dated August 19, 2004, he complains that he already should
have been released from prison on the assumptions that (a) the
term of imprisonment should have commenced on the date of the
offense, which he says was May 16, 2002, and (b) he is entitled
to "good time."
Section 3585(a) of the Criminal Code, 18 U.S.C. § 3585(a),
provides that "[a] sentence to a term of imprisonment commences
on the date the defendant is received in custody awaiting
transportation to, or arrives voluntarily to commence service of
sentence at, the official detention facility at which the
sentence is to be served." Section 3585(b) provides that credit
is to be given in some circumstances for time spent in official
detention prior to the commencement of the sentence. However, the
determination of when a term of imprisonment commences and of any
credit to be given under Section 3585(b) is a matter for the
Bureau of Prisons, not the sentencing court. United States v.
Luna-Reynoso, 258 F.3d 111, 117 (2d Cir. 2001).
After first exhausting his administrative remedies within the
Bureau of Prisons and the Department of Justice, defendant may
seek judicial review by appropriate means. The application is
denied without prejudice to such efforts.
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