Gallop v. United States of America

Filing 3

ORDERED that the Clerk is DIRECTED to transfer Gallop's case to the Eastern District of Kentucky. Signed by Magistrate Judge James E. Graham on 10/19/18. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
RAKEEM GALLOP,

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Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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CV417-242
CR415-183

ORDER
Rakeem Gallop pled guilty to one count of possession of a firearm
by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) & 924(a)(2) 846,
CR415-183 at doc. 23, and was sentenced to 92 months’ imprisonment,
id. at doc. 26.

The judgment included the district judge’s

“recommendation” that Gallop be given credit towards his federal
sentence for “all time served in custody since January 27, 2015.” Id. at
2. The Bureau of Prisons, however, has not given him credit for that time
served because it was merely a “recommendation” and not an “order.”
Doc. 30. He has thus filed a flurry of motions seeking Court intervention
to order the BOP to reconsider its calculation, including a 28 U.S.C.
§2255 motion to vacate, set aside, or correct his sentence. See CR415-183
at docs. 28-31 & 33.

But § 2255 offers Gallop no succor here. That section only applies
to challenge the propriety of the federal conviction or sentence itself (i.e.,
whether he was misled when he pleaded guilty or whether the sentence
violated the plea bargain). He does not challenge his sentence, only its
execution. Thus, he must proceed under 28 U.S.C. § 2241, which asks
whether his federal sentence has been properly executed.

See, e.g.,

United States v. Kinsey, 393 F. App’x 663, 664 (11th Cir. 2010). And this
Court is not the proper forum for that claim.
Gallop is incarcerated at Federal Penitentiary Big Sandy in Martin
County, Kentucky. “Section 2241 petitions may be brought only in the
district court for the district in which the inmate is incarcerated.”
Fernandez v. United States, 941 F.2d 1488, (11th Cir. 1991) (emphasis
added); Kinsey, 393 F. App’x at 664 (“Unlike § 2255 motions, motions
made pursuant to § 2241 must be brought only in the district court for
the district in which the inmate is incarcerated.” (quotes and cite
omitted)); Williams v. Rivera, 2011 WL 7005735 at * 1 (S.D. Ga. Dec. 11,
2011) (collecting cases).

Accordingly, the Clerk is DIRECTED to

transfer Gallop’s case to the Eastern District of Kentucky. 28 U.S.C.
§ 113(a) (Martin County falls within the Eastern District).
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SO ORDERED, this 19th

day of October, 2018.

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