United States v. Harbison

Herbert Kent Harbison, a federal prisoner, appeals from the district court’s order denying his motion for credit for time spent in prior custody pursuant to 18 U.S.C. § 3585(b) (2000). Harbison’s claims challenge the execution of his sentence and cannot be brought in the first instance to the district court under § 3585(b). United States v. Wilson, 503 U.S. 329, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992). Any challenge to the execution of sentence must be brought under 28 U.S.C. § 2241 (2000), after exhaustion of remedies through the Bureau of Prisons. Id. at 335, 112 S.Ct. 1351. We have reviewed…