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United States v. Williams

August 11, 2009

UNITED STATES OF AMERICA,
v.
JAMEL WILLIAMS, DEFENDANT.



The opinion of the court was delivered by: Trager, J.

ORDER

Defendant, Jamel Williams, moves pro se for a reduction to his sentence to reflect time he served pursuant to a judgment in New York State Court. Although this Court indicated in the Judgment that defendant's federal sentence was to run concurrently with his state sentence, the Bureau of Prisons ("BOP") has not reduced his federal sentence accordingly. Because, it appears, that this Court does not have the authority to reduce defendant's sentence, his motion is denied.

District courts do not have the power to give an inmate credit for prior incarceration; that power resides solely, in the first instance, with the BOP. United States v. Wilson, 503 U.S. 329, 333 (1992). Moreover, district courts do not have discretion to reduce a sentence below the mandatory minimum fixed by statute in order to give a defendant credit for time served. See United States v. Luna-Reynoso, 258 F.3d 111, 116-17 (2d Cir. 2001) (holding that the district court lacked the authority to downwardly depart to credit the defendant for time served between his transfer into federal custody and his sentencing). Accordingly, defendant's application is denied.

SO ORDERED:

David G. Trager United States District Judge

20090811

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