Cooper v. Perez

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
August 16, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-41482
Conference Calendar
TYRONNE BENARD COOPER,
Petitioner-Appellant,
versus
WARDEN EDWARD PEREZ,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2-04-CV-113
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Tyronne Benard Cooper, federal prisoner # 09210-035, appeals
the district court’s dismissal of his 28 U.S.C. § 2241 petition
on summary judgment. Cooper contends that the district court
erred by not ordering the Bureau of Prisons (BOP) to award credit
for that portion of Cooper’s state sentence that was served prior
to the imposition of his federal sentence.

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No. 04-41482
-2-
The Attorney General, through the BOP, determines what
credit, if any, will be awarded to prisoners for time spent in
custody prior to the commencement of their sentences. See United
States v. Wilson, 503 U.S. 329, 331-32, 334 (1992). The BOP
correctly determined under 18 U.S.C. § 3585(b) that it may not
award Cooper credit toward his term of imprisonment for any time
he spent in official detention prior to the commencement of his
sentence that was credited against another sentence.
AFFIRMED.

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