United States v. Walker, No. 18-2825 (7th Cir. 2019)Annotate this Case
Walker was charged with possessing a firearm as a convicted felon. During his detention awaiting trial, the government discovered that Walker and his associates had bribed witnesses to testify falsely on his behalf at his upcoming trial. The grand jury returned a superseding indictment, adding one count charging Walker with conspiring to obstruct justice. He pleaded guilty to both counts of the superseding indictment. The district court imposed sentences of 80 months’ imprisonment for each count, to be served concurrently, plus three years of supervised release. The district court recommended to the Bureau of Prisons (BOP) that Walker should not receive credit for time served before the date the superseding indictment was filed, because of his conduct leading to the addition of the obstruction of justice charge. The Seventh Circuit affirmed, rejecting arguments that the district court improperly left to the BOP the calculation of credit for his time served before trial and that he should receive credit for all the time he spent in custody between his arrest and the superseding indictment. Congress has committed the responsibility for the calculation of credit for pretrial confinement to the BOP; the court has the discretion to make a recommendation as to whether pretrial credit is appropriate.