Unpublished Disposition, 865 F.2d 266 (9th Cir. 1988)

MEMORANDUM^** 

Youless J. Valentine appeals the district court's denial of his motion for credit toward his sentence for time spent on probation prior to his probation violation and for time served in state custody. We affirm.

We review for abuse of discretion a district court's sentencing decision following revocation of probation. See United States v. Olmos-Esparza, 600 F.2d 187, 189 (9th Cir. 1979).

Valentine first contends that the district court erred by failing to give credit for time he spent on probation. Valentine was not entitled to credit for his time on probation. "A court, when ordering execution of an adult sentence that it has suspended, need not credit the adult for time spent on probation." United States v. Won Cho, 730 F.2d 1260, 1265 (9th Cir. 1984) (en banc). The district court acted within its discretion.

Valentine also contends that the district court erred by failing to give credit for time spent in state prison. 18 U.S.C. § 3568 gives "the Attorney General, the Department of Justice, and the Bureau of Prisons, not the courts, ... the responsibility of computing sentences and giving credit for time previously served." United States v. Berry, 814 F.2d 1406, 1411 (9th Cir. 1987). Valentine's failure to first use the administrative process established by the Bureau of Prisons deprives us of jurisdiction on this question. See Shabazz v. Carroll, 833 F.2d 149 (9th Cir. 1987), cert. denied, 108 S. Ct. 2851 (1988).

AFFIRMED.