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16-347 - SMITH v. JULIAN


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16-347 - SMITH v. JULIAN
September 8, 2016
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Entry Directing Further Proceedings - The Attorney General is responsible for calculating a federal prisoner's period of incarceration for the sentence imposed, and to provide credit for time served, for offenses committed after November 1, 1987. Petitioner Keion Lamone Smith is confined within this District serving the executed portion of a sentence following his conviction in the United States District Court for the Eastern District of Michigan. PACER records show that no appeal was taken from his conviction and that the motion for relief pursuant to 28 U.S.C. § 2255 filed in June 2016 remains pending. Williams seeks a seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241(c)(3), contending that the Federal Bureau of Prisons ("BOP") has improperly computed his sentence by failing to give him credit for time in pretrial custody from August 21, 2013 through March 18, 2014. Smith's habeas petition does not allege that the BOP has failed to correctly compute his sentence in accord with the foregoing authorities. If that is his contention, he shall have through October 4, 2016 in which to supplement the habeas petition by alleging facts in support of that contention. Smith's habeas petition does not reveal whether he sought a nunc pro tunc designation or, if he did, what circumstances could support an inference that the BOP abused its discretion in making what decision was issued. If he contends that the BOP abused its discretion under 18 U.S.C. § 3621(b), he shall have through October 4, 2016 in which to supplement the habeas petition by alleging facts in support of that contention. (See Entry.) Copy to Petitioner via US Mail. Signed by Judge William T. Lawrence on 9/8/2016.(BRR)
March 14, 2017
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Entry Dismissing Action and Directing Entry of Final Judgment - Smith's sentence has been correctly computed. His petition for writ of habeas corpus is therefore denied. Judgment consistent with this Entry shall now issue (See Entry). Copy sent to Petitioner via US Mail. Signed by Judge William T. Lawrence on 3/14/2017.(DW)