United States v. Jack Carroll Hinson
Docket: 93-1277
Court: Court of Appeals for the Tenth Circuit; April 20, 1994; Federal Appellate Court
Mr. Jack Carroll Hinson, while serving a ten-year state sentence, was sentenced to forty-nine months for a federal offense to run concurrently in a state facility. The U.S. Marshal's Service filed a federal detainer since Hinson's federal sentence would extend beyond his state release. He appealed the district court's denial of his 28 U.S.C. § 2255 motion, seeking to lift the federal detainer due to its negative impact on his incarceration and to modify his sentence for credit for federal presentence confinement. The district court denied his requests, stating that the detainer was for notification purposes and that Hinson could not receive federal presentence confinement credit under 18 U.S.C. § 3585(b) as he had already received credit for that time on his state sentence. The court clarified that Hinson's claims regarding the detainer's adverse effects did not constitute valid grounds for a § 2255 motion, which is intended to challenge the validity of a sentence rather than its execution. Additionally, any challenge to the execution of a federal sentence should be made through a 28 U.S.C. § 2241 petition, and the authority to calculate sentence credits lies with the Attorney General, not the district court. Hinson must exhaust administrative remedies before seeking judicial review on this matter. The appeal was affirmed, and all pending motions were denied. The order and judgment are not binding precedent except under specific legal doctrines. The panel determined that oral argument was unnecessary for this appeal.