OPINION
Defendant, Vernon Lee Murphy, appeals from his conviction and sentence for distribution of cocaine base crack and possession of cocaine base crack with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Defendant alleges that the district court erroneously (1) admitted evi *449 dence in violation of Federal Rule of Evidence 404(b), (2) denied Defendant’s motion to dismiss the indictment pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161-74, (3) denied Defendant’s motion to suppress evidence, and (4) calculated Defendant’s criminal history category pursuant to USSG § 4A1.1. For the reasons stated below, this Court AFFIRMS Defendant’s conviction, but REVERSES and REMANDS with respect to Defendant’s sentencing so that the district court may determine whether Defendant served any portion of his sentence for his prior misdemeanor convictions as required by USSG § 4A1.2.
BACKGROUND
On September 17, 1997, agents from the First Judicial District Drug Task Force (“task force agents”) placed an electronic transmitting device on a confidential informant to record a drug transaction with Defendant. The informant was provided with $500 in marked bills and placed under surveillance. On the same day, the confidential informant paged Defendant and inquired about purchasing $500 worth of crack cocaine. At the time, Defendant was residing at the Super 8. Motel in Johnson City, Tennessee. Defendant told the informant to wait thirty minutes and then meet him at the parking lot of the Harbor House Restaurant, located next to the Super 8 Motel.
Task force agents conducting surveillance observed Defendant leave the Super 8 Motel, stop briefly at his vehicle, which was parked in the motel lot, and proceed to walk to the parking lot between the Super 8 Motel and the Harbor House Restaurant. At approximately 7:40 p.m., the informant walked to the Harbor House Restaurant and met Defendant in the restaurant parking lot. When the informant and Defendant met, the task force agents heard “here’s five” by way of the transmitting device. The informant began to count the money. Defendant advised the informant that it was not necessary for the informant to count the money because he trusted him. Defendant then gave the informant $500 worth of crack cocaine. Task force agents observed Defendant return to his motel room. Thereafter, task force agents took possession of approximately 1.8 grams of crack cocaine from the informant.
While surveillance was still underway on Defendant’s motel and vehicle, task force agent Larry Robbins obtained a state search warrant for Defendant’s motel room and vehicle. At approximately 10:00 p.m. that night, task force agents executed the search warrant at Defendant’s motel room and seized approximately $2,671.00, $300 of which was identified as marked task force bills. The search of Defendant’s vehicle revealed an additional 7.2 grams of crack cocaine.
Defendant was not present during the search. He had taken a cab from the Super 8 Motel. Task force agents contacted the cab company to determine which cab Defendant had taken. En route, the Johnson City Police stopped the cab in which Defendant was riding and arrested Defendant. Task forсe agents searched the cab and found additional marked task force bills. Defendant was searched incident to his arrest and task force agents found additional marked task force bills on his person.
On April 22, 1998, a federal grand jury returned a two-count indictment charging Defendant with distribution of cocaine base crack and possession of cocaine base crack with intent to distribute, violations of 21 U.S.C. § 841(a)(1). On June 5, 1998, Defendant made his first appearance before a judicial officer. On July 2, 1998, Defendant filed a motion requesting a mental evaluation of Defendant pursuant to 18 U.S.C. § 4241. The district court took Defendant’s motion under advisement and granted the motion on July 13, 1998. On July 31, 1998, Defendant was transported from the Eastern District of Tennessee for a mental evaluation and was returned to the Eastеrn District of Ten *450 nessee on October 20, 1998. On October 23, 1998, the district court conducted a competency hearing and concluded that Defendant was competent to stand trial and that Defendant was legally sane at the time of the offense.
While the competency evaluation was pending, Defendant filed a pro se motion seeking substitution of counsel on August 27, 1998. On October 20, 1998, the district court granted Defendant’s motion and appointed new counsel. 1 In a motion filed on December 29, 1998, Defendant moved to dismiss the indictment for a violation of the Speedy Trial Act. The district court denied the motion on January 11, 1999.
Defendant’s trial commenced on January 19, 1999. On the same day, the jury returned a guilty verdict on both counts. On April 12, 1999, the district court sentenced Defendant to 104 months of imprisonment to run concurrently for both counts and a three-year term of supervised release. Although the district court did not impose a fine, the district court ordered Defendant to pay a $200.00 special assessment fee. Defendant filed a timely notice of appeal.
DISCUSSION
I. Rule 404(b) Evidence
A. Standard of Review
We employ a three-step analysis to review the district court’s ruling on the admissibility of evidence under Federal Rule of Evidence 404(b).
See United States v. Merriweather,
we first review for clear error the district court’s factual determination that the “other ... acts” occurred. Second, we examine de novo the district court’s legal determination that the evidence was admissible for a legitimate purpose. Finally, we review for abuse of discretion the district court’s determination that the probative value of the other acts evidence is not substantially outweighed by its unfairly prejudicial effect.
Id.
(citing
United States v. Johnson,
B. Analysis
Federal Rule of Evidence 404(b) reads in pertinent part:
Evidence of other crimes, wrongs, or acts, is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Fed.R.Evid. 404(b).
On appeal, Defendant argues that the district court erred by admitting “other acts” evidence in violation of Rule 404(b). First, Defendant argues that the government’s reference, in its opening statement, to Defendant selling drugs to someone else on a prior occasion was improper. Second, Defendant contends that the district court erred by allowing the government to call a rebuttal witness to testify in sum and substance that he had engaged in a prior drug transaction with Defendant. Defendant’s claims of error are without merit.
1. Opening Statement
Although Defendant objected to the government’s reference to Defendant’s prior alleged drug transaction, he did not specifically object on the ground which he now attempts to argue on appeal.
2
To the
*451
extent that Defendant objected on any basis, he objected on the grounds that the statement assumed facts not in evidence or misstated the facts. However, he did not object based upon Rule 404(b). Therefore, Defendant has forfeited this argument.
See United States v. Buchanon,
After Defendant’s attorney objected, the court asked the government attorney if the statement concerning the prior drug transaction was related to the case and then proceeded to give the jury the following cautionary instruction:
He [the government attorney] says it is, we’ll have to wait and see. I don’t know. We’ll have to wait and see. You be cautious, listen to what is said. This is opening statement by both the government and the defendant. It’s not proof, it’s allegations. It doesn’t mean anything. The only way it’s going to mean anything is on the witness stand and the law that I tell you the way it is. I’m not belittling the fact that they need to make an opening statement, I’m just telling you that so you can take it and work from it.
(J.A. at 92.) (emphasis added). In this case, the district court’s cautionary instruction regarding the opening statements was adequate to apprise the jury of the limited purpose for which the allegations of Defendant’s prior act was to be considered. Because it is presumed that the jury will follow the instruction correctly as given,
see United States v. Tines,
2. Rebuttal Witness
Defendant also contends that the district court impermissibly allowed the testimony of a rebuttal witness offered by the government in violation of Rule 404(b). Although Defendant objected to the admis *452 sion of "other acts" evidence during his cross examination under Rule 404(b), it appears that on appeal, Defendant is arguing that it was improper to allow testimony of a rebuttal witness called to refute a portion of Defendant's testimony. To the extent that he argues it was error to allow the rebuttal witness to testify, Defendant has forfeited this argument on appeal because he did not object to the rebuttal witness's testimony at trial. See discussion supra Part I.B.1.
Turning to the 404(b) objection, the following exchange occurred during the cross-examination of Defendant:
Government attorney: Now, this drug transaction on the 17th of September isn't your first crack cocaine drug transaction; is it?
Defendant: Excuse me
Government attorney: It isn't your first dealing with crack cocaine; is it?
Defendant's attorney: I object to that for reasons I previously stated to the court.
The Court: Well, has he been convicted of it is the questior~; isn't it?
Government attorney: No, your honor, I'm asking him if he has engaged in other crack cocaine deals prior to the 17th day of Septеmber
The Court: Okay. Why do you object to it?
Defendant's attorney: It's not admissible under Rule 404(b), your honor.
Government attorney: Your, honor, it is admissible under Rule 404(b)
The Court: Well, one and one. I believe it's admissible too, so you may ask it.
(J.A. at 112-13.)
At this point, Defendant's attorney appears to have dropped the ball. He did not ask the Court to engage in a Rule 404(b) analysis, nor did he offer any support for his claim that even if the prior act should be admitted for a proper purpose-proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident-admitting the evidence would have been more prejudicial than probative.
The Merriweather Court has explained the process for Rule 404(b) objections as follows:
Upon objection by the defendant, the proponent of the evidence, usually the government, should be required to identify the specific purpose or purposes for which the government offers the evidence of "other crimes, wrongs, or acts." By so requiring, we do not mandate hypertechnicality. It is true that whether 404(b) evidence is admissible for a particular purpose will sometimes be unclear until late in the trial because whether a fact is "in issue" often depends on the defendant's theory and the proofs as they develop. Nevertheless, the government's purpose in introducing the evidence must be to prove a fact that the defendant has placed, or conceivably will place, in issue, or a fact that the statutory elements obligate the government to prove.
After requiring the proponent to identify the specific purpose for which the evidence is offered, the district court must determine whether the identified purpose, whether to prove motive or intent or identity some other purpose, is "material"; that is, whether it is "in issue" in the case. If the court finds it is, the court must then determine, before admitting the other acts evidence, whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice under Rule 403. If the evidence satisfies Rule 403, then, after receiving the evidence, the district court must "clearly, simply, and correctly" instruct the jury as to the specific *453 purpose for which they may consider the evidence.
Nevertheless, this Court finds that any error, if any, in admitting evidence of “other acts” is harmless in light of the overwhelming evidence of Defendant’s guilt.
See United States v. Layne,
Here the evidence is overwhelming. The record clearly shows that Defendant was identified as the individual who sold the drugs to the informant by task force agents who observed Defendant walk to his red Mustang and meet with the informant. Moreover, those agents, who knew the purpose of the meeting was to conduct a drug transaction, observed Defendant return to his hotel room. The agents later seized marked money and crack cocaine from Defendant as well as marked money from his hotel room. In light of the evidence against Defendant and the small potential for prejudice in this case, the admission of the evidence of an alleged prior transaction, even if erroneous, is harmless.
II. Speedy Trial Act Violation
A. Standard of Review
This Court recognizes that the standard of review is not at all clear for claims brought under the Speedy Trial Act.
Cf. United States v. Robinson,
B. Analysis
The Speedy Trial Act, 18 U.S.C. §§ 3161-3174, requires that a defendant be brought to trial within seventy days from the date of arrest, the filing of the indictment or information, or the first appearance before the court, whichever is later. See 18 U.S.C. § 3161(c). Failure to bring a defendant to trial within the seventy-day period results in the dismissal of the indictment with or without prejudice. See 18 U.S.C. § 3162(a)(2). However, certain delays that arise before trial are excluded from the seventy-day period. See 18 U.S.C. § 3161(h). When filing a motion *454 to dismiss the indiсtment based on a v:iolation of the Speedy Trial Act, "[t]he defendant shall have the burden of proof." 18 U.S.C. § 3162(a)(2).
Here, Defendant contends that the district court improperly concluded that there was no Speedy Trial Act violation and should have dismissed his indictment. Defendant claims the following Speedy Trial Act violations: 1) the government "knowingly and improperly waited" until April 22, 1998 to indict him; 2) Defendant personally objected to his defense counsel filing a pre-trial motion on his behalf requesting a mental competency exam, therefore time associated with the exam should not be excluded from the calculation; 3) the period of time excluded for the mental competency examination violated the number of days available within which the examination must be completed and violated statutory restrictions for the number of days available to transport defendant to and from the facility; and 4) Defendant's inquiry regarding new counsel should not be counted as a pro se motion, the time for which is excluded from the seventy-day calculation. We address each of Defendant's contentions in turn. 5
1. Date of Indictment
Defendant first contends that the government impermissibly waited to indict him. Defendant argues that because he was indicted in state court on September 17, 1997, the Speedy Trial clock should have begun to tick on that date rather than April 22, 1998 when he was indicted on federal charges. Defendant therefore argues that he was indicted well outside the thirty-day period mandated by § 3161(b), which requires that a defendant be formally charged within thirty days of his arrest. Defendant's contention has аbsolutely no basis in law and is without merit. It is well established in this Circuit that the thirty-day time limit is not triggered until there is a federal "arrest." See United States v. Blackmon,
2. Defendant's Objection to Competency Examination
Defendant next contends that because he objected to his lawyer's motion that he undergo a mental competency examination, any time associated with the mental competency examination should not be excluded from the calculation of the seventy-day period for purposes of determining whether a Speedy Trial Act violation occurred. In United States v. Antwine,
Here, the district court held a hearing on July 9, 1998, at which evidence was presented in support of the motion for a mental competency examination by defense counsel and a Deputy United States Marshal. Additionally, the magistrate judge conducted a hearing with Defendant *455 outside the рresence of counsel for the government. On July 13, 1998, the magistrate judge entered an order finding that “there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect that renders him mentally incompetent to the extent that he is unable to assist properly in his defense.” (J.A. at 22.) The analysis of our sister circuit’s decision in Antwine is logical and sound; therefore, we conclude that Defendant cannot rely on an alleged disagreement with his attorney regarding the efficacy of a mental competency exam, which is ultimately conducted in his best interest, to later challenge his indictment under the Speedy Trial Act on the basis of delays caused by the competency examination. This is especially so considering the record indicates that Defendant raised no objections to the examination prior to his motion to dismiss his indictment. Accordingly, the time associated with Defendant’s mental competency examination should be excluded from the computation of the seventy-day period under the Speedy Trial Act.
3. Length of Mental Competency Examination
Defendant also contends that the Speedy Trial Act only allows a maximum of fifty-five days for purposes of completing mental competency examinations. Defendant reaches this conclusion by relying upon two statutory provisions. First, Defendant cites § 3161(h)(1)(H) for the proposition that a total of ten days can count as excludable time for transportation “to and from” the place of examination and that any other delay is “presumed to be unreasonable.” 6 Seсond, Defendant cites 18 U.S.C. § 4247(b) for the proposition that there is a forty-five-day limit for a mental evaluation unless an extension is requested. 7 Defendant asserts that an extension was not requested in the case at hand.
We note that Defendant fails to point this Court to any evidence in the record demonstrating the dates upon which he was transported to and from the facility where the examination was conducted or the actual dates that Defendant was admitted or released from the facility. We also conclude that Defendant’s contention is without merit. We have not addressed this specific issue; however, every other circuit that has addressed the issue has concluded that time associated with mental competency examinations are excluded from the Speedy Trial clock.
See United States v. Noone,
Further, Defendant’s contention that a mental competency examination may only last forty-five days pursuant to 18 U.S.C. § 4247(b) must also fail. Every court that has decided this issue has concluded that § 4247(b) does not limit the time period for a competenсy 'examination with respect to calculations under the Speedy Trial Act. For instance, in
United States v. Fuller,
In
Miranda,
the defendant argued that section 4247(b) limited the time that can be excluded for a competency examination under section 3161(h)(1)(A) of the Speedy Trial Act to forty-five days.
The plain language of the Speedy Trial Act gives no indication that an еxclusion for a competency evaluation must be so limited. To the contrary, section 3161(h)(1)(A) expressly excludes “any period of delay resulting from other proceedings concerning the defendant, including but not limited to ... delay resulting from any proceeding, including any examinations, to determine the mental competency or physical capacity of the defendant.”
Although it was certainly capable of doing so, Congress gave no indication that 18 U.S.C. § 4247(b) modifies section 3161(h)(1)(A). Moreover, there is no compelling reason that the two statutes be linked. We refuse, therefore, to find a limitation where Congress did not expressly create one.
Id. at 1285 (citations omitted). The reasoning of the Seventh and Ninth Circuits is persuasive. We therefore conclude that § 4247(b) does not limit the time excluda-ble under the Speedy Trial Act for mental competency examinations.
4. Request for New Counsel
Defendant next argues that the time that was needed to obtain new counsel for him should not be excluded for purposes of the Speedy Trial Act. However, 18 U.S.C. § 3161(h)(1)(F), which provides for excludable delay “resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion,” dictates that this time is excluded.
See United States v. Taylor,
III. Suppression of Evidence
A. Standard of Review
When reviewing the denial of a motion to suppress, we review a district court’s factual findings for clear error, while conclusions of law are reviewed
de novo. See United States v. Smith,
B. Analysis
“[N]o Warrants shall issue, but upon probable cause, supported by oath or affirmation.... ” U.S. Const, amend. IV. “The test for probable cause is simply whether there is a fair probability that contraband or evidence of a crime will be found in a particular place.”
United States v. Shamaeizadeh,
On appeal, Defendant contends that the affidavit underlying the warrant was insufficient to support a finding of probable cause. We disagree.
The affidavit in the case at hand provided the following information:
A confidential and reliable informant who has in the past given agents of the 1st Jud. Drug Task Force reliable information which has resulted in arrests with convictions has purchased crack cocaine from the listed subject within the last five days while working under the direction of the 1st Jud. Drug Task Force. Prior to the transaction agents observed B/m Lee leave the motel after speaking to the informant on the phone and walk to his vehicle[,] a red Mustang convertible which was parked on the lot of the Super 8 Motel[,] and then met with the informant and sold the informant a quantity of crack cocaine. The B/m Lee was then observed entering the Super 8 Motel.
(J.A. at 38.) Defendant’s contentions appear to be that 1) a single isolated sale is not sufficient to establish probable cause that illegal activity is continuing on the property; 2) the affidavit is nоt supported by any information showing that Defendant possessed additional drugs after his sale to the informant; 3) the five-day period is too long a period to support a search of the premises; 4) the affidavit fails to state the quantity of drugs allegedly purchased; and, 5) the affidavit does not state the room in which the named person was alleged to have entered or the license plate number of the car. Defendant’s contentions are without merit, especially after the decision, however ill-advised, in
United States v. Allen,
In Allen, the defendant challenged the sufficiency of the affidavit underlying a search warrant. The affidavit was based upon the personal observation of alleged criminal activity by a confidential informant who had been named to the magis *458 trate and who had provided reliable information to the police in the past about criminal activity. The affidavit, however, did not specify the type of activity about which the informant had previously given reliable information. See id. at 971. In Allen, an affidavit supported by statements of a confidential informant who had previously given reliable information— without regard to type of information previously given and without corroboration of the allegations underlying the affidavit— was deemed sufficient to support a finding of probable cause in this Circuit. See id.
In this case, the affidavit stated that the informant had already been working on this case with the agents at the time of the request for the warrant. The affidavit further provided that the agents had personally observed Defendant leave his motel room after speaking with the informant on the telephone, a conversation that the agents overheard. They observed Defendant walk to his red Mustang convertible in the motel parking lot, meet with the informant, a meeting they knew involved the sale by Defendant of a quantity of crack cocaine to the informant, and return to his hotel room. Viewing the totality of the circumstances, the affidavit was sufficient to support a finding of probable cause for the warrant that was issued. That Defendant has pointed out specific factual details that the task force agents could have provided in the affidavit to the magistrate does not negate a finding of probable cause; this Court does not review the sufficiency of an affidavit through such a lens.
See United States v. King,
Although pointed out as one of the factual shortcomings of the affidavit, Defendant also contends that the affidavit’s content is insufficient to support probable cause because the information was stale, thus removing the probability that the evidence would be found in Defendant’s motel room the date on which it was found. Specifically, Defendant points to the five-day time period set forth in the affidavit. However, this Court does not find that the information provided in the affidavit was stale.
In
United States v. Spikes,
Here, although the affidavit provided for a five-day time period, both the information provided by the task force agent and the execution of the search occurred on the same day. Thus, contrary to Defendant’s attempt to argue that the information was stale, the circumstances of this case indicate that it was not. We therefore conclude that the affidavit was sufficient to support a finding of probable cause.
IV. Calculation of Defendant’s Criminal History Category
A. Standard of Review
When reviewing the calculation of sentences, we review the district court’s factual findings for clear error.
See United States v. DeFranco,
B. Analysis
Pursuant to USSG § 4Al.l(b), two criminal history points are added to a defendant’s total offense level for each prior *459 sentence of imprisonment that consists of at least sixty days. The commentary to section 4A1.2 provides that “[t]o qualify as a sentence of imprisonment, the defendant must have actually served a period of imprisonment on such sentence.... ” USSG § 4A1.2, cmt. n. 2. However, criminal history points are based on the sentence pronounced, not the length of time actually served. See id.
In the instant case, the district court placed Defendant in criminal history category IV bаsed on two misdemeanor convictions for which he was sentenced to four months Of imprisonment. The district court added two points for each conviction in calculating Defendant’s criminal history category. Defendant contends that because the district court concluded that he did not serve any term of imprisonment for either conviction, he should not have been assessed two points for each prior misdemeanor conviction. The government contends that the assessment of two additional points under § 4A1.1 is proper even if Defendant did not actually serve the term of imprisonment indicated on the judgments of conviction. This Court believes that the focus of the inquiry should be whether Defendant served any of the time that he was ordered to serve.
Defendant relies upon
United States v. McCrary,
The problem here is that it is unclear from the district court’s utteranсe, “I give you that,” in response to Defendant’s objection to the two-point enhancements,
8
whether Defendant served a portion of the four-month term for either of his misdemeanor convictions or whether Defendant served no time at all for the terms sentenced. Therefore, we remand this case so that the district court can clearly determine whether Defendant served any time, or no time, for the misdemeanor convictions. If Defendant did not serve a single day for his misdemeanor convictions, then the district court clearly erred by assessing two points for each conviction as mandated by section 4A1.1, and Defendant’s criminal history category would be reduced to III. If, however, Defendant served at least one day of the four-month imprisonment term, then the district court did nоt err.
See United States v. Glidden,
CONCLUSION
We conclude that the district court did not err in admitting “other acts” evidence under Rule 404(b), denying Defendant’s motion to suppress and denying Defendant’s motion to dismiss his indictment under the Speedy Trial Act. Accordingly, we AFFIRM Defendant’s conviction. However, we REVERSE and REMAND for resentencing so that the district court may properly consider whether Defendant should be аssessed two criminal history points for each of his prior misdemeanor convictions.
Notes
. Defendant's attorney had been elected to a state judgeship.
. During his opening statement to the jury, the government attorney states:
Whal the government believes the evidence will show in the trial of [Defendant] is this: sometime prior to the 17th of September 1997, confidential informant came to Mr. Larry Robbins and said, [Defendant] is sell *451 ing crack cocaine, and I can buy it from him. Based upon that information, Mr. Robbins wired up the confidential informant.
(J.A. at 92). At that point, counsel for Defendant objected on the ground that the government was "making a reference to something that's not part of this case as far as anything that may have happened, the informant comes to Robbins." Id. (emphasis added.)
. The government contends that the reference to the confidential informant was proper background information, citing
United States
v.
Aguwa,
. Defendant has not taken a position as to the appropriate standard of review. The government, however, acknowledges that the issues presented in this case should be reviewed de novo. See Appellee’s Br. at 16.
. Defendant also alleges that his rights were violated under the Fifth and Sixth Amendments. However, Defendant fails to even argue, not to mention cite any case law for his alleged Fifth and Sixth Amendment right violations. See Bush v. Dictaphone Corp.,
. 18 U.S.C. § 3161(h)(1)(H) provides that
delay resulting from transportation of any defendant from another district, or to and from places of examination or hospitalization, except that any time consumed in excess of ten days from the date an order of removal or an order directing such transportation, and the defendant’s arrival at the destination shall be presumed to be unreasonable ...
18 U.S.C. § 3161.
. 18 U.S.C. § 4247(b) provides:
Psychiatric or psychological examination.— A psychiatric or psychological examination ordered pursuant to this chapter shall be conducted by a licensed or certified psychiatrist or psychologist, or, if the court finds it appropriate, by more than one such'examiner. Each examiner shall be designated by the court, except that if the examination is ordered under section 4245 or 4246, upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under section 4241, 4244, or 4245, the court may commit the person to be examined for a reasonable period, but not to exceed thirty days, and under section 4242, 4243, or 4246, for a reasonable period, but not to exceed forty-five days, to the custody of the Attorney General for placement in a suitable facility. Unless impracticable, the psychiatric or psychological examination shall be conducted in the suitable facility closest to the court. The director of the facility may apply for a reasonable extension, but not to exceed fifteen days under section 4241, 4244, or 4245, and not to exceed thirty days under section 4242, 4243, or 4246, upon a showing of good cause that the additional time is necessary to observe and evaluate the defendant.
18 U.S.C. § 4247(b).
. The following exchange occurred between the district court and Defendant:
Defendant Murphy: I just want it to be known that I did not do 4 months in jail.
The Court: Okay, I’ll give you that, you didn't do 4 months in either one of them.
Defendant Murphy: No, Sir.
The Court: But you were sentenced with them ...
(J.A. at 117.)