USA v. Prepetit

District of Columbia, dcd-1:2004-cr-00353-110081

MEMORANDUM OPINION AND ORDER as to RALPH J. PREPETIT, Denying {{63}} MOTION to Correct Judgment filed by RALPH J. PREPETIT. Signed by Judge Ellen S. Huvelle on 10/20/08.

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FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OCT 2 0 2008 NANCY MAYER WHITTINGTON, CLERK U.S. DISTRICT COURT RALPH JOHN PREPETIT Petitioner,) Criminal Nos. 04-cr-353 (ESH) UNITED STATES OF AMERICA Respondent. MEMORANDUM OPINION AND ORDER Before the Court is Ralph John Prepetit's Motion To Correct Judgment. Prepetit petitions the Court to issue a recommendation to the Bureau of Prisons so that he can receive credit for time served in cases 94-cr-267 and 94-cr-021. "A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences ... that has not been credited against another sentence." 18 U.S.C. § 3585(b) (emphasis added). Here, Prepetit received consecutive sentences in three cases, totaling a term of imprisonment of 168 months. He has received 414 days of credit for time served in case number 04-cr-353. Under 18 U.S.C. § 3585(b), Prepetit cannot receive additional credit for the same time served in his other cases, 94-cr-267 and 94-cr-021. See id. It is therefore ORDERED that the motion is DENIED on the grounds that Prepetit is barred from obtaining credit for time served in 94-cr-267 and 94-cr-021 because his time served has already been credited against the 04-cr-353 sentence. Ellen s buvelle ELLEN SEGAL HUVELLE United States District Judge Date: October 20, 2008