United States v. Jimmy Lee Stuckey

In November 2000, Jimmy Lee Stuckey, Jr., was sentenced to 51 months imprisonment to be served concurrently with an undischarged military sentence. A year later, Stuckey filed a motion with the district court entitled “NUNC PRO TUNC.” The motion sought jail credit for the time Stuckey spent in custody, prior to the date he was first sentenced in federal court, for violating the parole on his military sentence. The district court dismissed the motion as frivolous, and Stuckey appealed.

We view Stuckey’s “NUNC PRO TUNC” motion as a request for habeas relief under 28 U.S.C. § 2241 filed in the…