No. 22-7336
Shawn Kaleb Drake v. United States
Tags: bureau-of-prisons credit criminal-procedure duty-to-determine federal-sentence federal-sentencing judicial-discretion presentence-detention sentencing
Key Terms:
SocialSecurity Securities
SocialSecurity Securities
Latest Conference:
2023-05-18
Question Presented (AI Summary)
Whether a district court has a duty to determine on its own whether the Bureau of Prisons will give credit for presentence detention time when a defendant requests such credit
Question Presented (OCR Extract)
Question Presented 1. If a defendant requests that he be given credit towards his federal sentence for presentence detention time, is a district court — knowing that the court cannot actually give “credit” — thereby put on notice that the court has a duty to determine on its own whether or not the Bureau of Prisons will give credit for presentence detention time, and adjust the defendant’s sentence accordingly? i
Docket Entries
2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-05-01
Waiver of right of respondent United States to respond filed.
2023-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2023)
Attorneys
Shawn Drake
John Andrew Kuchera — Attorney at Law, Petitioner
John Andrew Kuchera — Attorney at Law, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent