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UNITED STATES v. FORD (2019)

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United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Sir Master FORD, Defendant-Appellant

No. 18-30693

Decided: January 22, 2019

Before SMITH, WIENER, and WILLETT, Circuit Judges. Carol Mignonne Griffing, Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Louisiana, Shreveport, LA, for Plaintiff-Appellee Ross Edward Shacklette, Bossier City, LA, for Defendant-Appellant

Sir Master Ford appeals the sentence imposed following the revocation of his supervised release. He contends that the district court erred in denying him credit for the time he served between his May 1, 2018 arrest and May 21, 2018 revocation.

The district court lacked jurisdiction to compute Ford’s credit under 18 U.S.C. § 3585(b) for previous time served because the Attorney General and the Bureau of Prisons are responsible for computing this credit. See United States v. Wilson, 503 U.S. 329, 334-37, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992); United States v. Hankton, 875 F.3d 786, 792 (5th Cir. 2017). Accordingly, the judgment is REFORMED to remove the statement “[n]o credit shall be granted for time served.” The judgment is otherwise AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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