Mathis v. United States

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS September 9, 2003
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
No. 02-41706
Summary Calendar
L.C. GARNER MATHIS, JR.,
Plaintiff-Appellant,
versus
UNITED STATES OF AMERICA,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-02-CV-40
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
L. C. Garner Mathis, Jr. (Mathis), federal prisoner # 26925-
077, appeals the district court’s dismissal of his petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2241. Mathis
claims that the Bureau of Prisons (BOP) erred in failing to award
him full credit towards his federal sentence for time served in
state prison after he was sentenced in federal court. Mathis
argues that his time in state prison should be credited to his
*
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that this opinion should not be published and is not precedent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. 02-41706
-2-
federal sentence because his state parole was revoked when he was
arrested for a federal charge. Mathis also argues that he is
entitled to credit on his federal sentence because a federal
detainer placed on him while he was in state prison prevented his
release from state custody.
The Attorney General, through the BOP, determines what
credit, if any, will be awarded to prisoners for time spent in
custody prior to the commencement of their sentences. See United
States v. Wilson, 503 U.S. 329, 337 (1992). Under 18 U.S.C.
§ 3585(b), the BOP may not award Mathis credit toward his term of
imprisonment for any time he spent in official detention prior to
the commencement of his federal sentence that was credited
against another sentence. See United States v. Dovalina, 711
F.2d 737, 740 (5th Cir. 1983); United States v. Chaplin, 451 F.2d
179, 181 (5th Cir. 1971). Mathis was awarded state credit
already for the time he spent in detention prior to the
commencement of his federal sentence.
Accordingly, the judgment of the district court is AFFIRMED.