917 F.3d 989
7th Cir.2019Background
- Maurice Walker was indicted for being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)); while detained awaiting trial, evidence showed he and associates bribed witnesses to give false testimony.
- A superseding indictment (June 29, 2017) added a count charging conspiracy to obstruct justice (18 U.S.C. § 1512(k)); Walker pleaded guilty to both counts in April 2018.
- At sentencing the district court imposed concurrent 80‑month terms and recommended the Bureau of Prisons (BOP) credit Walker only for time served beginning June 29, 2017 (the date of the superseding indictment), not for earlier pretrial custody, because of his obstructive conduct.
- Walker did not object to that recommendation at sentencing and appealed, arguing the district court wrongly left the credit calculation to the BOP and that he was entitled to credit for all pretrial custody from arrest through sentencing.
- The Seventh Circuit reviewed for plain error and affirmed: under controlling precedent the BOP (Attorney General) — not the sentencing court — computes credit under 18 U.S.C. § 3585(b); the district court may recommend but lacks authority to order credit. The Court explained Walker’s administrative remedies to challenge BOP’s decision remain available.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by leaving pre‑sentence credit calculation to the BOP | Walker: district court should compute and award credit under § 3585(b) at sentencing | Government: Walker failed to object; review for plain error; BOP computes § 3585(b) credit | Held: No error — Wilson controls: district court cannot compute § 3585(b) credit; BOP must do so. |
| Whether the district court improperly recommended the BOP deny credit for custody before June 29, 2017 | Walker: entitled to credit for custody from arrest through sentencing (including before June 29, 2017) | Government: district court may recommend but not order; Walker must pursue BOP administrative remedies | Held: Recommendation was within district court’s discretion; Walker must exhaust BOP procedures and may seek § 2241 habeas after administrative exhaustion. |
Key Cases Cited
- United States v. Wilson, 503 U.S. 329 (district court cannot compute § 3585(b) credit at sentencing)
- United States v. McGee, 60 F.3d 1266 (7th Cir.) (BOP, not sentencing court, computes credit)
- United States v. Ross, 219 F.3d 592 (7th Cir.) (district court lacks authority to order BOP to give credit)
- United States v. Jumah, 599 F.3d 799 (7th Cir.) (plain‑error review for unobjected sentencing issues)