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UNITED STATES OF AMERICA, Plaintiff, v. FREDDIE JONES, Defendant.

Thomas A. Varlan UNITED STATES DISTRICT JUDGE

MEMORANDUM OPINION AND ORDER

Thomas A. Varlan UNITED STATES DISTRICT JUDGE

This criminal case is before the Court on defendant's pro se motion for an internal prison transfer and jail credit [Doc. 78]. Specifically, defendant suggests his current institution of confinement continues to attempt to place him in general population despite that he faces danger in general population based on his prior cooperation. Based on this suspected danger, defendant has continuously refused placement in general population and consequently received discipline. Defendant avers this discipline has affected his incarceration conditions and jail credit. Thus, it appears defendant requests an internal prison transfer and/or jail credits.

The Bureau of Prisons has sole discretion to designate a prisoner's place of confinement; though, a court may make certain recommendations as to the penal facility at which the prisoner is placed. 18 U.S.C. § 3621(b). Similarly, a district court “cannot grant or compute sentence credits under 18 U.S.C. § 3585(b).” United States v. Williams, No. 05-20377-JDB, 2008 WL 3850212, at *1 (W.D. Tenn. Aug. 18, 2008). A court may make certain recommendations to the Bureau of Prisons; however, “the power to grant credit for time served lies solely with the Attorney General and the Bureau of Prisons.” United States v. Crozier, 259 F.3d 503, 520 (6th Cir. 2001) (first citing 18 U.S.C. § 3585(b); and then citing United States v. Wilson, 503 U.S. 329, 333 (1992)); see also United States v. Brown, 417 Fed.Appx. 488, 493 (6th Cir. 2011) (“[A]warding credit for time served is the exclusive responsibility of the Bureau of Prisons.”).

The Court will deny defendant's requests. As to defendant's request for an internal transfer, the Court considers the Bureau of Prisons particularly suited to assess the danger to defendant and take appropriate action. See generally Stine v. Fed. Bureau of Prisons, No. 2:14-CV-451, 2015 U.S. Dist. LEXIS 163234 (W.D. La. Feb. 25, 2015) (finding the Bureau of Prisons did not violate a prisoner's rights by refusing to transfer him when he alleged gang members intended to kill him based on his cooperation). As to defendant's request for credits, if the Bureau of Prisons declines to credit defendant's time served, defendant may raise his claims through the Bureau's Administrative Remedy Program. Setser v. United States, 566 U.S. 231, 244 (2012) (citing 28 C.F.R. § 542.10, et seq.). After exhausting administrative remedies, defendant may then petition for a writ of habeas corpus under 28 U.S.C. § 2241, a petition which must be filed in defendant's district of confinement. Id.

Accordingly, defendant's motion [Doc. 78] is hereby DENIED.

IT IS SO ORDERED.

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United States v. Jones
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