Milano v. United States of America
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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C-16-01173-CW
United States District Court
For the Northern District of California
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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.
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/
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Defendant Dominic Milano, a federal prisoner incarcerated at
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the United States Penitentiary in Inez, Kentucky, has written a
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letter to the Court, stating that his sentence was miscalculated
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because he did not receive credit for time served.
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After a district court sentences a federal offender, the
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Attorney General, through the Bureau of Prisons (BOP), has the
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responsibility for administering the sentence.
United States v.
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Wilson, 503 U.S. 329, 335 (1992) (citing 18 U.S.C. § 3621(a)).
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This includes responsibility for computing time credits and
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determining a sentence termination date once the defendant actually
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commences serving his sentence.
Id. at 333-335; United States v.
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Checchini, 967 F.2d 348, 349 (9th Cir. 1992).
District courts lack
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the authority to grant and compute time credits at sentencing.
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Wilson, 503 U.S. at 333; Checchini, 967 F.2d at 349.
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prisoner commences his federal sentence and exhausts his
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administrative remedies, however, he can petition for judicial
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review of the Attorney General's computation of his sentence.
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Wilson, 503 U.S. at 335; Checchini at 350.
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a petition for a writ of habeas corpus under 28 U.S.C. § 2241.
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United States v. Koller, 956 F.2d 1408, 1417 (7th Cir. 1992).
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petition pursuant to 28 U.S.C. § 2241 must be addressed to the
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district which has jurisdiction over the prisoner or his custodian,
Once a
This is done by way of
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United States District Court
For the Northern District of California
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generally the district of confinement.
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740 F.2d 770, 772 (9th Cir. 1984); Brown v. United States, 610 F.2d
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672, 677 (9th Cir. 1980).
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United States v. Giddings,
Thus, this Court lacks jurisdiction over Defendant’s petition
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because he is in custody in the State of Kentucky.
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petition is transferred to the Eastern District of Kentucky where
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Defendant is incarcerated.
Therefore, the
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CONCLUSION
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Accordingly, the Clerk shall transfer the petition to the
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Eastern District of Kentucky.
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IT IS SO ORDERED.
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Dated: March 9, 2016
CLAUDIA WILKEN
United States District Judge
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