Legal Opinion
United States v. Santiago Mares
Court of Appeals for the Fifth Circuit
Decided March 20, 1989No. 88-2504PublishedCited by 26 opinions
1Per curiam
Santiago Mares is a federal prisoner serving a three-year sentence for conspiracy to distribute heroin. One year after sentencing, he filed a motion to “correct” his sentence, citing Rule 36, Fed.R.Crim.P., which concerns clerical mistakes. His contention is that, under 18 U.S.C. § 3568, he was entitled to credit on his sentence for the 145 days he spent while released on bail before trial.
The district court denied the motion and dismissed for lack of jurisdiction, holding that any motion for credit for time served must be filed under 28 U.S.C. § 2241 in the district of incarceration. It…
2Cases cited10 opinions
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- Ruben Ortega v. United StatesCourt of Appeals for the Tenth Circuit · 1975
- United States v. Oscar DovalinaCourt of Appeals for the Fifth Circuit · 1983
- Polakoff v. United StatesCourt of Appeals for the Fifth Circuit · 1974
- United States v. Ruben Morales RoblesCourt of Appeals for the Ninth Circuit · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Joseph Coady v. Donald T. Vaughn the District Attorney of the County of Montgomery the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2001
- United States v. Hubert R. FergusonCourt of Appeals for the Sixth Circuit · 1990
- United States v. Jose CletoCourt of Appeals for the Fifth Circuit · 1992
- United States v. Raymond WoodsCourt of Appeals for the Tenth Circuit · 1989
- John F. Dawson v. Roger Scott, WardenCourt of Appeals for the Eleventh Circuit · 1995
21 more not listed; retrieve them via the Exa API.