Background
Develle Rural Merritte, serving concurrent federal and state sentences in state custody, filed a motion in the district court requesting credits against his federal sentence for participation in rehabilitative programming. The district court denied the motion, and Merritte appealed pro se.
The court’s reasoning
The court agreed with the district court that it lacked the authority to award sentencing credits. The administrative responsibility of computing and applying sentencing credit lies exclusively with the Attorney General, through the Bureau of Prisons. The court noted that even if exhaustion of administrative remedies were futile, Merritte would need to raise such a claim in a petition under Section twenty-two hundred forty-one.
What it means going forward
Defendants cannot seek sentencing credits for rehabilitative programming through district court motions; such requests must be directed to the Bureau of Prisons or raised via habeas corpus petitions.
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