Defendant Loses Out When BOP Refuses to Credit State Time

U.S. v. Leider, 2006 WL 3095871 (11/2/06)(unpub'd) - BOP did not give the defendant credit for the time he spent in state custody prior to the sentencing hearing, even though the d.ct. ordered the federal sentence to run concurrently to the state sentence. The defendant's attempt to correct the problem by filing a motion pursuant to 18 U.S.C. § 3582 was to no avail because that provision is only for applying subsequently-enacted favorable sentencing guidelines [obviously it's not used that often]. [Suggestion: at the sentencing hearing the defendant should have asked the d.ct. to subtract from his federal sentence the time he had already spent in state custody because the BOP is not going to give credit for custody time that is credited against another sentence.]