No. 22-7336

Shawn Kaleb Drake v. United States

Lower Court: Fifth Circuit
Docketed: 2023-04-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: bureau-of-prisons credit criminal-procedure duty-to-determine federal-sentence federal-sentencing judicial-discretion presentence-detention sentencing
Key Terms:
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 KucheraAttorney at Law, Petitioner
John Andrew KucheraAttorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent