Hull v. USA ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41224
Conference Calendar
DONALD WAYNE HULL,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CV-1478
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October 19, 1999
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Donald Wayne Hull, Texas prisoner #673637, appeals the
district court’s dismissal of his 28 U.S.C. § 2241 petition for
failure to exhaust administrative remedies. Hull was convicted
in both state and federal court for drug offenses arising from
the same incident or occurrence. In his § 2241 petition, Hull
sought jail-time credit against his federal sentence for time in
state custody. Hull’s request is governed by 18 U.S.C.
§ 3585(b), under which a defendant is to be given credit toward
*
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that this opinion should not be published and is not precedent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.
No. 98-41224
-2-
his term of imprisonment for any time he spent in official
detention prior to the commencement of his sentence "that has not
been credited against another sentence." § 3585(b). Section
3585(b) does not authorize a district court to compute, at
sentencing, credit for time spent in official detention; credit
awards are to be made by the Attorney General, through the Bureau
of Prisons, after sentencing. Prisoners are afforded
administrative review of the computation of credits pursuant to
18 U.S.C. 3585(b) and may "seek judicial review of these
computations after exhausting their administrative remedies."
United States v. Wilson, 503 U.S. 329, 335 (1992); United States
v. Dowling, 962 F.2d 390, 393 (5th Cir. 1992). Hull’s petition
is premature. The district court did not err in dismissing
Hull’s petition for failure to exhaust administrative remedies.
AFFIRMED.