Ivan Gonzalez v. United States, 959 F.2d 211, 11th Cir. (1992)
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Scribd Government DocsIvan Gonzalez v. United States, 959 F.2d 211, 11th Cir. (1992)
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Scribd Government Docs959 F.
2d 211
Ivan GONZALEZ, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee.
No. 91-5738
Non-Argument Calendar.
United States Court of Appeals,
Eleventh Circuit.
April 27, 1992.
Stephen Finta, Ft. Lauderdale, Fla., for petitioner-appellant.
Dexter Lehtinen, Linda Collins Hertz, U.S. Attys., Dawn Bowen, and
Carol Herman, Asst. U.S. Attys., Miami, Fla., for respondent-appellee.
Appeal from the United States District Court for the Southern District of
Florida.
Before TJOFLAT, Chief Judge, KRAVITCH, Circuit Judge, and
GODBOLD, Senior Circuit Judge.
PER CURIAM:
This appeal concerns denial of a petition for writ of habeas corpus because
petitioner failed to exhaust his administrative remedies. We affirm.
Petitioner Ivan Gonzalez was convicted on one count of possession with intent
to distribute three kilograms of cocaine, in violation of 21 U.S.C. 841(a)(1)
and 18 U.S.C. 2. On December 29, 1988 he was sentenced pursuant to preguidelines law to five years imprisonment and four years of supervised release.1
The U.S. Parole Commission calculated a presumptive parole date of May 30,
1990. The U.S. Bureau of Prisons did not, however, release petitioner on this
date, and he remains incarcerated.
In February 1991 Gonzalez filed in the district court a petition for writ of
In February 1991 Gonzalez filed in the district court a petition for writ of
habeas corpus pursuant to 28 U.S.C. 2241. He asserted that because his
presumptive release date had passed, he need not exhaust his administrative
remedies before seeking relief from the district court.
Courts have original jurisdiction over imposition of a sentence. The Bureau of
Prisons is, however, responsible for computing that sentence and applying
appropriate good time credit. U.S. v. Martinez, 837 F.2d 861, 865-66 (9th
Cir.1988). The Bureau of Prisons has established regulations that set forth the
procedures that a prisoner must follow before seeking relief from a district
court. U.S. v. Lucas, 898 F.2d 1554, 1556 (11th Cir.1990). Exhaustion of
administrative remedies is jurisdictional. Id.
Petitioner relies upon cases in which the court resentenced a defendant. Those
cases do not deal with computation of sentences by administrative agencies. See
e.g., U.S. v. Whittington, 918 F.2d 149 (11th Cir.1990); U.S. v. Jones, 722 F.2d
632 (11th Cir.1983).
AFFIRMED.
Gonzalez appealed his conviction, challenging the district court's denial of his
request for a supplemental jury instruction. He did not challenge his sentence.
This court affirmed the conviction. U.S. v. Gonzalez, 886 F.2d 1324 (11th Cir.
Aug. 28, 1989)
