Even if a federal judge orders that a defendant should receive “credit for all applicable time served in federal custody,” the federal judge does NOT have the authority to make that calculation. This time credit calculation is made solely by the Bureau of Prisons (BOP).
Therefore, if defense counsel is concerned that the BOP will not give credit for any pre-sentencing incarceration, defense counsel should address this issue prior to formal sentencing by requesting a reduction of the applicable guideline range.
Facing federal charges in Texas or Arkansas? Let Jason Horton Law protect your rights and freedom throughout the process. With nearly two decades of experience, Attorney Jason Horton has successfully defended thousands of state and federal cases.