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United States v. Smith

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


September 2, 2008

UNITED STATES OF AMERICA,
v.
STEVEN ALLISON SMITH

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 2nd day of September, 2008, upon consideration of defendant's motion (Doc. 575) for nunc pro tunc amended judgment, and it appearing that the motion requests a reduction in defendant's sentence by the amount of time that he was in custody from March 2, 2003 until February 3, 2005 pursuant to a federal detainer and writ of habeas corpus ad prosequendum, and that defendant is presently incarcerated at the Federal Correctional Institution-- Bennettsville, in Bennettsville, South Carolina, and the court concluding that defendant's motion challenges the duration of his confinement and is therefore properly presented as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 before the district embracing the state wherein he is incarcerated, see Dorsey v. Holt, No. 1:CV-05-1259, 2006 WL 2261314, at *2 (M.D. Pa. Aug. 7, 2006) ("The proper vehicle for challenging the determination of sentence credit by the [Federal Bureau of Prisons ("BOP")] is a petition for relief under 28 U.S.C. § 2241 in the district where the defendant is imprisoned."); see also United States v. Allen, 124 F. App'x 719, 721 (3d Cir. 2005) (reiterating that challenges to BOP's sentence calculation must be brought in the district where the petitioner is incarcerated), it is hereby ORDERED that the motion (Doc. 575) is DENIED without prejudice to defendant's right to file his request as a petition for writ of habeas corpus with the United States District Court for the District of South Carolina.*fn1

CHRISTOPHER C. CONNER United States District Judge


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