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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-14963
Non-Argument Calendar
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D.C. Docket No. 2:17-cr-14008-RLR-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSEPH ARTHUR COATES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(August 21, 2019)
Before MARTIN, ROSENBAUM, and FAY, Circuit Judges.
PER CURIAM:
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Joseph Coates, a federal prisoner proceeding pro se, appeals the district
court’s order denying his pro se “Motion to Amend Sentence to Include Credit for
Prior Custody.” After careful review, we vacate the district court’s order and
remand the case with instructions to dismiss Coates’s motion without prejudice for
lack of jurisdiction.
I.
On December 7, 2016, Coates was arrested in Martin County, Florida on
charges of driving under the influence. Coates told the arresting officer that he is a
citizen of Canada who reentered the United States after being deported.
Immigration officials were advised of Coates’s statements and an immigration
agent visited Coates in the Martin County jail to interview him and confirm his
identity. Coates remained in state custody from the date of his arrest until
February 16, 2017, when he was taken into federal custody based on a January 24,
2017 indictment charging him with one count of illegal reentry after deportation in
violation of
8 U.S.C. § 1326(a), (b)(2), and one count of failure to register and
update a registration as required by the Sex Offender Registration and Notification
Act in violation of
18 U.S.C. § 2250.
In May 2017, Coates pled guilty to both counts. On June 29, 2017, the
district court sentenced Coates to 30-months imprisonment and 5 years of
supervised release. Coates did not appeal his convictions or sentence.
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On October 4, 2018, Coates mailed a pro se “Motion to Amend Sentence to
Include Credit for Prior Custody.” In his motion, Coates claimed he is entitled to
prior custody credit under
18 U.S.C. § 3585(b) for the 204 days he spent
incarcerated from the time of his arrest by state authorities on December 7, 2016 to
the time of his sentencing in federal court on June 29, 2017.
The government opposed Coates’s motion. The government argued
Coates’s motion constituted an untimely motion to correct his sentence under
Federal Rule of Criminal Procedure 35(a). The government also said that, even if
Coates’s motion was timely, the district court should deny it on the merits because
Coates is not entitled to credit for the time he served in state custody and because
Coates filed his motion without first exhausting administrative remedies. The
district court denied Coates’s motion for the reasons set out in the Government’s
response. Coates now appeals the district court’s order.
II.
On appeal, Coates argues he is entitled to 133 days of custody-credit under
18 U.S.C. § 3585 for the time he spent incarcerated from February 16, 2017 (the
day he was taken into federal custody) to June 29, 2017 (the day he was sentenced
in federal court). Under
18 U.S.C. § 3585(b), “[a] defendant shall be given credit”
for time served in official detention “that has not been credited against another
sentence.” But in United States v. Wilson,
503 U.S. 329,
112 S. Ct. 1351 (1992),
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the Supreme Court held that Ҥ 3585(b) does not authorize a district court to
compute the credit at sentencing.” Id. at 334,
112 S. Ct. at 1354. Instead, the
Attorney General, acting through the Bureau of Prisons (“BOP”), is responsible for
initially calculating credit for time served. See
id. at 334–35,
112 S. Ct. at 1355–
56; see also United States v. Alexander,
609 F.3d 1250, 1259–60 (11th Cir. 2010).
This Court has clarified that “prisoners may seek judicial review of the
[time-served] calculation only after exhausting administrative remedies.”
Alexander,
609 F.3d at 1259–60. That is, to seek credit for time served, a prisoner
must first use the BOP’s formal process for filing a complaint. See United States
v. Lucas,
898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam) (citing
28 C.F.R.
§§ 542.10–.16). Only after the BOP has issued a decision may a prisoner seek
judicial review of that administrative action. See
id. at 1555. The federal courts
lack jurisdiction over requests for custody-credit that were not first asserted before
the BOP. See
id. at 1555–56.
Nothing in the record before us here indicates Coates exhausted his
administrative remedies before filing his request with the district court. The
district court therefore lacked jurisdiction to consider Coates’s motion. Instead of
denying Coates’s motion, the district court should have dismissed it. We vacate
the district court’s order and remand with instruction to enter an order dismissing
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the motion without prejudice for lack of jurisdiction so Coates may pursue any
administrative remedies available to him.1
VACATED AND REMANDED.
1
In his appeals brief, Coates does not suggest he intended his motion as a request to
correct his sentence under Federal Rule of Criminal Procedure 35(a). Even so, we would still
vacate and remand with instructions to dismiss Coates’s motion for lack of jurisdiction. A Rule
35(a) motion must be filed within 14 days after sentencing, and this Court has said the time limit
set out in Rule 35(a) is jurisdictional. Fed. R. Crim. P. 35(a); United States v. Phillips,
597 F.3d
1190, 1196–97 (11th Cir. 2010). Because Coates filed his motion more than a year after
sentencing—well outside of the 14-day window permitted by Rule 35(a)—the district court did
not have jurisdiction to consider a request under Rule 35(a). The district court therefore should
have dismissed the motion instead of denying it.
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