USA v. Addison et al

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:17-CR-00134-FDW-SCR
THIS MATTER is before the Court on Defendant’s Pro Se Motion for Jail-Time Credit,
(Doc. No. 3585). For the reasons set forth below, Defendant’s Motion is DENIED WITHOUT
PREJUDICE.
It is well-settled that the Bureau of Prisons, on behalf of the Attorney General, is
responsible for calculating federal terms of imprisonment, including computation of the amount
of time-served credit due after the Bureau takes custody of the Defendant post-sentencing. United
States v. Wilson, 503 U.S. 329, 331, 334–45 (1992).
Defendant believes the BOP has calculated her sentence incorrectly by not counting jail
time between May 18, 2017, and March 12, 2019, towards her sentence. (Doc. No. 3585, p. 1.)
However, this Court is not the proper forum for her claim. As the Fourth Circuit has explained, “A
claim for credit against a sentence attacks the computation and execution of the sentence rather
than the sentence itself. Judicial review must be sought under 28 U.S.C. § 2241 in the district of
confinement rather than in the sentencing court.” United States v. Miller, 871 F.2d 488, 490 (4th
Cir. 1989); see also Fontanez v. O’Brien, 807 F.3d 84, 85 (4th Cir. 2015). Defendant is incarcerated
at FCI Danbury in Connecticut, which is not within this District. Accordingly, Defendant’s Motion
UNITED STATES OF AMERICA )
)
v. )
) ORDER
CYNTHIA GILMORE, )
)
Defendant. )
)
Case 3:17-cr-00134-FDW-MTO Document 3589 Filed 10/23/24 Page 1 of 2

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for Jail Time Credit is DENIED WITHOUT PREJUDICE to being raised in the appropriate
district.
IT IS THEREFORE ORDERED that Defendant’s Pro Se Motion for Jail-Time Credit,
(Doc. No. 3585), is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Signed: October 23, 2024
Case 3:17-cr-00134-FDW-MTO Document 3589 Filed 10/23/24 Page 2 of 2