Hampton v. Bureau of Prisons

No. 99-41114
-1-
* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-41114
Conference Calendar
DAVID HAMPTON,
Petitioner-Appellant,
versus
BUREAU OF PRISONS,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:99-CV-269
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February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
David Hampton, federal prisoner # 23890-034, appeals from
the denial of his petition for writ of habeas corpus pursuant to
28 U.S.C. § 2241. Hampton argues that the district court had
authority to grant him credit for the entire time that he was in
state custody prior to the imposition of his federal sentence.
Hampton argues that the determination by the Bureau of Prisons
(BOP) not to award him full credit and the district court’s
failure to reduce his sentence violated the Double Jeopardy
Clause.

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No. 99-41114
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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 Hampton 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.
Accordingly, the judgment of the district court is AFFIRMED. All
outstanding motions are DENIED.

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