United States v. B. Sithithongtham

In December 1998, Bounthavy Sithithongtham was sentenced to serve 63 months in federal prison, concurrently with a then-undischarged state sentence. Mr. Sithithongtham later brought this motion to clarify the amount of credit he should receive toward his federal sentence, based on the time he spent in state custody prior to his arrival at a federal prison. The district court 1 entered an order refusing to address the Bureau of Prisons’s (BOP’s) calculation, and Mr. Sithithongtham appeals. After careful review of the record and the parties’ briefs, we affirm.

We view the clarification motion as…