Rios v. Wiley

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

We are considering the respondent’s timely filed motion to alter or amend, styled as a motion for reconsideration. 1 The motion seeks review of our order, dated December 8, 1998, granting the petitioner, Francisco Rios, habeas relief. Specifically, the order required the Bureau of Prisons (BOP) to give the petitioner credit for about 22 months he spent incarcerated before the petitioner’s federal sentence was imposed.

Denying the credit gives the petitioner a projected release date of August 12, 2000. However, granting the credit means that…