Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

U.S. v. HERNANDEZ

United States District Court, S.D. New York


September 15, 2005.

UNITED STATES OF AMERICA,
v.
PEDRO ANTONIO HERNANDEZ, Defendant.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Defendant moves to clarify the Court's sentence, imposed on Marcy 27, 2003, to make clear that time spent in federal custody from September 3, 2002 until March 27, 2003 should be counted in determining his release date.

The determination of the date on which defendant's term of imprisonment commenced is determined in the first instance by the Bureau of Prisons. If defendant is dissatisfied with the Bureau's determination, he may obtain judicial review in an appropriate civil action after first exhausting his administrative remedies within the Bureau. This Court lacks the power to take the action he seeks. It notes also that the judgment of conviction in this case provided that the term of imprisonment imposed; herein is to "run concurrent to any pending state sentence from this date forward." (Emphasis added).

  The motion is denied.

  SO ORDERED.

20050915

© 1992-2005 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.