United States District Court, D. Minnesota
Melinda A. Williams, Assistant United States Attorney,
Counsel for Plaintiff.
E. Cascarano, Cascarano Law Office, Counsel for Defendant.
Michael J. Davis United States District Judge
matter is before the Court on Defendant's Motion for
Order for Credit for Time Served [Doc. No. 81].
Defendant was charged in an eight count Indictment with four
counts of bank fraud and four counts of aggravated identity
theft in violation of 18 U.S.C. §§ 1344(2) and
1028A. On August 30, 2017, the Defendant entered a plea of
guilty to Counts 2 and 6 - one count of bank fraud and one
count of aggravated identity theft. Following his plea, the
Defendant entered into and successfully completed an
in-patient treatment program at Minnesota Teen Challenge. He
was in the program from May 5, 2017 to May 25, 2018.
sentencing, the Court determined that the applicable
guideline range for Count 2 was 27 to 33 months. The Court
further found that Count 6 was subject to a mandatory
24-month sentence that must run consecutive to any other
sentence. The Defendant was sentenced to a prison term of one
day on Count 2, and 24 months on Count 6, to run consecutive
to the one-day sentence for Count 2. The Court further
ordered that the Defendant shall be given credit for time
served at Minnesota Teen Challenge.
Motion for Credit for Time Served
Defendant has moved for an order to be given credit for time
served, as set forth in the Judgment and Commitment. He has
been notified that his release date is May 28, 2020, which
reflects that he is not being given credit for time served.
to 18 U.S.C. § 3585(b):
A defendant shall be given credit toward the service of a
term of imprisonment for any time he has spent in official
detention prior to the date the sentence commences--
(1) as a result of the offense for which the
sentence was imposed; or
(2) as a result of any other charge for
which the defendant was arrested after the commission of the
offense for which the ...