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United States of America v. Richard Gordon Laine

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO


April 15, 2013

UNITED STATES OF AMERICA PLAINTIFF,
v.
RICHARD GORDON LAINE DEFENDANT.

The opinion of the court was delivered by: Honorable B. Lynn Winmill Chief U. S. District Judge

MEMORANDUM DECISION AND ORDER

The Court has before it a motion for credit for time served filed by defendant. The Government objects, and the matter is fully briefed.

The defendant seeks credit on his federal sentence for time he served on a state sentence from March 9, 2011, to August 28, 2012. A defendant "shall be given credit for time he has spent in official detention prior to the date the sentence commences" in certain circumstances, unless the time has been "credited against another sentence." 18 U.S.C. § 3585(b). The record in this case shows that the defendant already received credit on his state sentence for the very time that he is seeking credit for in the motion at issue. To grant his motion would be to double-count that time, an outcome expressly prohibited by the statute quoted above. Accordingly, the Court will deny the motion.

ORDER

In accordance with the Memorandum Decision set forth above, NOW THEREFORE IT IS HEREBY ORDERED, that the motion for credit (docket no. 41) is DENIED.

20130415

© 1992-2013 VersusLaw Inc.



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