govinfo:USCOURTS-tned-3_11-cr-00035-4

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF TENNESSEE 
 
UNITED STATES OF AMERICA, ) 
 ) 
 Plaintiff, ) 
 ) 
v. ) No.: 3:11-CR-35-TAV-JEM-1 
 ) 
MICHAEL A. OGLE, ) 
 ) 
 Defendant. ) 
 
MEMORANDUM OPINION AND ORDER 
This criminal case is befo re the Court on defendant’s pro se motion for jail time 
credit [Doc. 174]. Defendant requests a Court order granting him jail time credit from 
August 1, 2008, to 20 15, arguing that he “did not get to pris on [until] 2015[,]” and 
therefore, his jail credit “should be from 8-1-08 to 2015 not 8-1- 08 to 11-4-2010” [ Id. at 
2–3]. 
Defendant’s request cannot be granted. A district cour t “cannot grant or compute 
sentence credits under 18 U.S.C. § 3585(b),” United States v. Williams , No. 05-20377, 
2008 WL 3850212, at *1 (W.D. Tenn. Aug. 18, 2008), because “the power to grant credit 
for time served lies solely w ith the Attorney General and the Bureau of Prisons.” United 
States v. Crozier, 259 F.3d 503, 520 (6th Cir. 2001) (citing 18 U.S.C. § 3535(b); United 
States v. Wilson, 503 U.S. 329, 333 (1992)); see also United States v. Brown, 417 F. App’x 
488, 493 (6th Cir. 2011) (“[A]warding credit for time served is the exclusive responsibility 
of the Bureau of Prisons.”); United States v. Thomas, No. 22-2147, 2023 WL 8450683, at 
*2 (6th Cir. Dec. 6, 2023) (stating that the di strict court would have erred if it had relied PageID
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on § 3585(b) to credit time served to the defendant’s sent ence). If the Bureau of Prisons 
declines to credit the defend ant’s time served, he may then raise his claim through its 
Administrative Remedy Program. Setser v. United States, 566 U.S. 231, 244 (2012) (citing 
28 C.F.R. § 542.10, et seq.). After exhausting his administ rative remedies, the defendant 
may then petition for a writ of habeas corpus under 28 U.S.C. § 2241, a petition which 
must be filed in defendant’s district of conf inement, rather than he re, in the sentencing 
Court. Id. 
 Accordingly, defendant’s motion for jail time credit [Doc. 174] is DENIED. 
 IT IS SO ORDERED. 
s/ Thomas A. Varlan 
UNITED STATES DISTRICT JUDGE PageID
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