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United States v. Kvamme

United States District Court, D. Minnesota

September 12, 2019

United States of America, Plaintiff,
v.
Eric Kvamme, Defendant.

          Melinda A. Williams, Assistant United States Attorney, Counsel for Plaintiff.

          Craig E. Cascarano, Cascarano Law Office, Counsel for Defendant.

          ORDER

          Michael J. Davis United States District Judge

         The matter is before the Court on Defendant's Motion for Order for Credit for Time Served [Doc. No. 81].

         I. Background

         The 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.

         At 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.

         II. Motion for Credit for Time Served

         The 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.

         Pursuant 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 ...

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