Legal Opinion
United States v. Jose Cleto
Court of Appeals for the Fifth Circuit
Decided March 5, 1992No. 91-8559PublishedCited by 119 opinions
1Per curiam
Jose Cleto appeals the district court’s denial of his motion for credit on his sentence. Finding no error, we affirm.
Cleto filed a motion, pursuant to 28 U.S.C. § 2255, to vacate, set aside, or correct his sentence, claiming sentence credit under 18 U.S.C. § 3585 for time spent “in custody” during his release on bond pending trial and appeal. The district court denied the motion.
The government correctly points out that Cleto’s claim should have been filed as a petition for writ of habeas corpus under 28 U.S.C. § 2241, as he challenges the execution of his sentence rather than the validity of…
2Cases cited6 opinions
- United States v. Jean Paul GaborCourt of Appeals for the Fifth Circuit · 1990
- United States v. Raymond WoodsCourt of Appeals for the Tenth Circuit · 1989
- United States v. Lisa InsleyCourt of Appeals for the Fourth Circuit · 1991
- Polakoff v. United StatesCourt of Appeals for the Fifth Circuit · 1974
- United States v. Santiago MaresCourt of Appeals for the Fifth Circuit · 1989
1 more not listed; retrieve them via the Exa API.
3Cited by119 opinions
- Anthony Ojo v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1997
- Tolliver v. DobreCourt of Appeals for the Fifth Circuit · 2000
- Ricardo Gallegos-Hernandez v. USACourt of Appeals for the Fifth Circuit · 2012
- Warren v. MilesCourt of Appeals for the Fifth Circuit · 2000
- Jeffers v. ChandlerCourt of Appeals for the Fifth Circuit · 2000
114 more not listed; retrieve them via the Exa API.