United States District Court, S.D. New York
September 15, 2005.
UNITED STATES OF AMERICA,
PEDRO ANTONIO HERNANDEZ, Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
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.
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