KROTZINGER v. US DISTRICT COURT

Filing 12

ORDER ON REPORT AND RECOMMENDATION: Adopting 10 Report and Recommendation - Petition under U.S.C. 2241 is DENIED, and Clerk is directed to close the file. Signed by SENIOR JUDGE MAURICE M PAUL on 6/22/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
LAUREL LEIGH KROTZINGER,
Petitioner,
v.

CASE NO. 4:10-cv-00214-MP-WCS

US DISTRICT COURT,
Respondent.
_____________________________/
ORDER
This matter is before the Court on Doc. 10, Report and Recommendation of the
Magistrate Judge, recommending that the § 2241 petition be dismissed in this case. The plaintiff
filed objections, Doc. 11, and the Court has made a de novo determination of those portions of
the Report and Recommendation to which objection was made. 28 U.S.C. § 636(b)(1)(C). The
Court agrees with the Magistrate Judge that the time petitioner spent in a drug treatment facility
and in a halfway house prior to her sentencing cannot be considered time in "official detention"
under 18 U.S.C. § 3585(b). That section provides:
(b) Credit for Prior Custody.— A defendant shall be given credit toward the
service of a term of imprisonment for any time [s]he has spent in official
detention prior to the date the sentence commences...
The Supreme Court has expressly considered and rejected the petitioner’s argument in Reno v.
Koray, 515 U.S. 50, 115 S.Ct. 2021 (1995), holding that time spent by prisoner at community
treatment center while “released” on bail pursuant to Bail Reform Act was not “official
detention” within meaning of statute entitling defendant to “credit toward the service of a term of
imprisonment for any time he has spent in official detention prior to the date the sentence

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commences”. Id. at 54. Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge is accepted and
incorporated herein.

2.

The petition under 28 U.S.C. § 2241 is denied, and the Clerk is directed to close
the file.

DONE AND ORDERED this 22nd day of June, 2011

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 4:10-cv-00214-MP-WCS