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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4779
Experience:  Experienced in state and federal criminal litigation.
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Regarding a Federal sentence of 16 months, for re-entry, the

Customer Question

Regarding a Federal sentence of 16 months, for re-entry, the inmate has jail credit and was held in immigration detention awaiting re-entry charges, would this time be credited to the sentenced time
Submitted: 5 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 5 years ago.

TexCrimLawyer, J.D. :

If he was being held on the acts underlying the eventual charge, then yes, he will get credit.

TexCrimLawyer, J.D. :

In other words, if he was being held on an ICE warrant for illegal reentry and then was formally charged, he will get credit for the time he's served.

TexCrimLawyer, J.D. :

Does that answer your question?

Customer:

i guess

TexCrimLawyer, J.D. :

Really, it is a straightforward answer. From what you've said, it sounds like he will get credit.

Customer:

well he is not getting it, so far they've calculated his time without that credit

Customer:

we dont know how to proceed

Customer:

if you are telling me he will get the credit then we should hire a lawyer for this?

TexCrimLawyer, J.D. :

The Bureau of Prisons makes that determination. He needs to appeal that decision and then take it to the district court.

Customer:

appeal to the BOP decision.. in court

TexCrimLawyer, J.D. :

Yes. He needs to file a 2255 writ in district court.

Customer:

do i need a lawyer to do this

TexCrimLawyer, J.D. :

It helps, but not necessarily. Inmates file them all the time.

Customer:

just last question, how long does it takes to do this filling and get court day? he has 90 days left without the credit

TexCrimLawyer, J.D. :

Unfortunately, probably longer than that. There is no set time, so it depends on the judge.

Customer:

can you help us with this case? he is in georgia mcrae,

TexCrimLawyer, J.D. :

No. Just Answer does not let experts from the site take clients.

Customer:

can u recommend someone

TexCrimLawyer, J.D. :

Use www.martindale.com.

Customer:

thank you

TexCrimLawyer, J.D. and other Criminal Law Specialists are ready to help you

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