David Sweet v. Linda Sanders, No. 05-2582 (8th Cir. 2006)
Annotate this CaseCourt Description: Prisoner case - habeas. Sweet was not entitled to credit on his federal sentence for time spent in state custody, as the period of state detention at issue was credited against his state sentence.
Download PDF
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-2582 ___________ David Sweet, Appellant, v. Linda Sanders, Warden, FCI Forrest City, Appellee. * * * * Appeal from the United States * District Court for the * Eastern District of Arkansas. * * [UNPUBLISHED] * * ___________ Submitted: May 4, 2006 Filed: May 10, 2006 ___________ Before MELLOY, FAGG, and BENTON, Circuit Judges. ___________ PER CURIAM. David Sweet appeals from the district court s1 dismissal of his 28 U.S.C. § 2241 petition, in which he sought credit on his federal sentence for time he spent in state custody. We agree with the district court that Sweet was not entitled to federal credit, because the record shows that the period of state detention at issue was credited against his state sentence. See 18 U.S.C. § 3585(b) ( A defendant shall be given 1 The Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). 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 . . . that has not been credited against another sentence. ); United States v. Kramer, 12 F.3d 130, 132 (8th Cir. 1993) (this statute prohibits double credit, i.e., federal prisoner is not entitled to credit on federal sentence when he received credit toward his state sentence for same time period), cert. denied, 511 U.S. 1059 (1994). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
