United States District Court, N.D. Georgia, Atlanta Division
OPINION AND ORDER
WILLIAM S. DIJFFEY, JR. UNITED STATES DISTRICT JUDGE
matter is before the Court on Defendant Asad Abdullah's
(“Defendant”) pro se Motion for Credit
for Time Served and Motion to be Transferred Closer to
Atlanta, Georgia  (“Motion”).
January 29, 2016, Defendant was sentenced to ninety-two (92)
months incarceration with three (3) years of supervised
release, after pleading guilty to one count of Conspiracy to
Commit Theft of Government Funds, in violation of 18 U.S.C.
§ 371, one count of Theft of Government Funds, in
violation of 18 U.S.C. § 641, one count of Aggravated
Identity Theft, in violation of 18 U.S.C. § 1028A, and
one count of Conspiracy to Commit Access Device Fraud, in
violation of 18 U.S.C. § 1029(b)(2). (, ). The
Court found that Defendant should receive credit for time he
had spent in federal custody since December 8, 2014, the date
of his initial appearance in this matter. (). The Court
ordered that “Defendant is entitled to credit for his
pretrial detention by federal authorities and Defendant's
custodial sentence, as imposed in this action, shall be
deemed to have begun on December 8, 2014.” (Criminal
Judgment  at 2). Defendant has not left custody since
December 8, 2014.
April 2, 2017, Defendant filed his Motion. Defendant states
that the Bureau of Prisons (“BOP”) has not
awarded him credit for time he spent in custody since
December 8, 2014. Defendant claims that the BOP has only
given him credit for time since August 12, 2015, contrary to
the language in the Criminal Judgment. Defendant further
requests that he be housed at a facility closer to Atlanta,
Georgia. Defendant is currently housed at USP Lee in
Pennington Gap, Virginia.
Bureau of Prison's Designation and Sentence Computation
Center (DSCC), located in Grand Prarie, Texas, is charged
with the computation of sentences for federal prisoners
serving custodial sentences for federal crimes. See
On April 11, 2017, staff with DSCC confirmed Defendant's
statement that he was only being credited for time spent in
federal custody since August 12, 2015. Upon notice of this
inconsistency with the language of the Criminal Judgment,
staff with DSCC corrected Defendant's sentence
computation to conform with the sentence as imposed.
Defendant is receiving credit for all time spent in federal
custody since December 8, 2014. Defendant's request to
receive proper credit toward his sentence is denied as moot.
U.S.C. § 3621(b)(4)(B) provides that the Bureau of
Prisons shall consider a recommendation by the sentencing
court in designating a prisoner to a correctional facility.
However, “[a] sentencing court has no authority to
order that a convicted defendant be confined in a particular
facility . . . .” United States v. Williams,
65 F.3d 301, 307 (2d Cir. 1995). That decision is
“within the sole discretion of the Bureau of
Prisons.” Id. (citing 18 U.S.C. §
3621(b); United States v. Restrepo, 999 F.2d 640,
644-45 (2d Cir. 1993), cert. denied, 510 U.S. 954;
United States v. Voda, 994 F.2d 149, 151-52 (5th
Court recommended that Defendant be housed at a facility as
close as possible to Atlanta, Georgia. (Criminal Judgment at
2). The Bureau of Prisons exercised its authority in
designating Defendant to a facility outside Atlanta despite
the Court's recommendation regarding placement.
Defendant's request to be transferred to a facility
closer to Atlanta, Georgia, is denied.
foregoing reasons, IT IS HEREBY ORDERED that Defendant's
pro se Motion for Credit for Time Served and Motion
to be Transferred Closer to Atlanta, Georgia  is DENIED
IN PART and DENIED AS MOOT IN PART Defendant's request
for credit for time served is DENIED AS MOOT. ...