Milano v. United States of America

Filing 2

ORDER CONSTRUING LETTER DATED FEBRUARY 21, 2016 AS 28 U.S.C. 2241 PETITION AND TRANSFERRING PETITION. Signed by Judge Claudia Wilken on 3/9/16. (kc, COURT STAFF) (Filed on 3/9/2016)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 C-16-01173-CW United States District Court For the Northern District of California 10 11 12 13 No. C 08-559 CW UNITED STATES OF AMERICA, Plaintiff, ORDER CONSTRUING LETTER DATED FEBRUARY 21, 2016 AS 28 U.S.C. § 2241 PETITION AND TRANSFERRING PETITION v. DOMINIC MILANO, Defendant. 14 / 15 Defendant Dominic Milano, a federal prisoner incarcerated at 16 the United States Penitentiary in Inez, Kentucky, has written a 17 letter to the Court, stating that his sentence was miscalculated 18 because he did not receive credit for time served. 19 After a district court sentences a federal offender, the 20 Attorney General, through the Bureau of Prisons (BOP), has the 21 responsibility for administering the sentence. United States v. 22 Wilson, 503 U.S. 329, 335 (1992) (citing 18 U.S.C. § 3621(a)). 23 This includes responsibility for computing time credits and 24 determining a sentence termination date once the defendant actually 25 commences serving his sentence. Id. at 333-335; United States v. 26 Checchini, 967 F.2d 348, 349 (9th Cir. 1992). District courts lack 27 the authority to grant and compute time credits at sentencing. 28 1 Wilson, 503 U.S. at 333; Checchini, 967 F.2d at 349. 2 prisoner commences his federal sentence and exhausts his 3 administrative remedies, however, he can petition for judicial 4 review of the Attorney General's computation of his sentence. 5 Wilson, 503 U.S. at 335; Checchini at 350. 6 a petition for a writ of habeas corpus under 28 U.S.C. § 2241. 7 United States v. Koller, 956 F.2d 1408, 1417 (7th Cir. 1992). 8 petition pursuant to 28 U.S.C. § 2241 must be addressed to the 9 district which has jurisdiction over the prisoner or his custodian, Once a This is done by way of A United States District Court For the Northern District of California 10 generally the district of confinement. 11 740 F.2d 770, 772 (9th Cir. 1984); Brown v. United States, 610 F.2d 12 672, 677 (9th Cir. 1980). 13 United States v. Giddings, Thus, this Court lacks jurisdiction over Defendant’s petition 14 because he is in custody in the State of Kentucky. 15 petition is transferred to the Eastern District of Kentucky where 16 Defendant is incarcerated. Therefore, the 17 CONCLUSION 18 Accordingly, the Clerk shall transfer the petition to the 19 Eastern District of Kentucky. 20 21 IT IS SO ORDERED. 22 23 Dated: March 9, 2016 CLAUDIA WILKEN United States District Judge 24 25 26 27 28 2

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