Public-domain · open source
OpenJurist

149 F. App'x 253

Aldridge v. Wendt

U.S. Courts of Appeals

Decided August 26, 2005

U.S. Courts of Appeals · decided 2005-08-26

Applies 18 U.S.C. § 3584 · 18 U.S.C. § 3585 · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on United States v. Brown · Free v. Rd Miles Fci · United States of America v. Viterbo Hernandez Jr

Decided 2005-08-26

PER CURIAM: *

¶1 Joel Chad Aldridge, federal prisoner # 69187-080, appeals the district court’s denial of his 28 U.S.C. § 2241 petition. He argues that the Bureau of Prisons (“BOP”) has improperly determined that his federal sentence runs consecutively to his state sentence. The district court did not err by concluding that the federal sentence was to run consecutively to the state sentence. See 18 U.S.C. § 3584(a); Free v. Miles, 333 F.3d 550, 553 (5th Cir.2003); United States v. Hernandez, 234 F.3d 252, 256-57 (5th Cir.2000); United States v. Brown, 920 F.2d 1212, 1217 (5th Cir.1991).

¶2 Aldridge also argues that the BOP erroneously failed to give him 366-days of jail credit on his federal sentence for time served in state custody when the state court ordered that the credit be rescinded from the state sentence. Aldridge is not statutorily entitled to credit on his federal sentence because, despite the state court order, the time at issue was credited toward his state sentence. See 18 U.S.C. § 3585(b). The judgment of the district court is therefore AFFIRMED.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

/149/fappx/253 · .json · Public domain