United States v. Victor Kelly
Docket: 93-1275
Court: Court of Appeals for the Tenth Circuit; February 1, 1994; Federal Appellate Court
Victor Kelly appeals the district court's denial of sentence credit for his time spent in a halfway house, under 18 U.S.C. § 3585(b). Kelly pleaded guilty to money laundering and was initially confined at the Federal Detention Center before being transferred to Independence House for 85 days of 24-hour supervision. At sentencing, he requested credit for that time but the court did not address it, instead imposing an eighteen-month prison term after granting a downward departure for substantial assistance. The appeal focuses on whether the district court had jurisdiction to grant sentence credit. The ruling clarified that it does not, as established by the Supreme Court in United States v. Wilson, which determined that only the Bureau of Prisons, under the Attorney General, has the authority to compute sentence credit. Consequently, Kelly needs to seek this credit from the Bureau of Prisons, with the option of judicial review if he is dissatisfied with their decision. The appellate court affirms the district court's decision, noting the lack of jurisdiction regarding sentence credit computation. The order is not binding precedent except under specific legal doctrines, and citation of the judgment is restricted but permitted under certain conditions.