At page 1556 Determining jurisdictional requirement of administrative remedy exhaustion40 citing cases“has established regulations governing formal review of inmate complaints relating to any aspect of imprisonment”
- United States v. Anthony L. Chalker, 915 F.2d 1254 (9th Cir. 1990).published (Our examination of the current statute and its legislative history leads us to conclude that Congress did not intend any change in assigning this determination [to grant credit].)
- Carrera, Annel v. United States, No. 0:25-cv-60045 (S.D. Fla. Apr. 25, 2025).(explaining that the BOP’s regulations “set out the procedures that prisoners must pursue prior to seeking relief in a district court.” (emphasis added))
- United States v. Antonious G. Lockhart, No. 22-11791 (11th Cir. Apr. 4, 2024).unpublishedUnited States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Rodriguez v. Stone, No. 3:22-cv-00154 (S.D. Ga. Jan. 12, 2023).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- United States v. William Serna-Arroyave, No. 22-11089 (11th Cir. Jan. 6, 2023).unpublishedUnited States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990).
- Rios v. Stone, No. 3:22-cv-00150 (S.D. Ga. Dec. 14, 2022).The Federal Bureau of Prisons (“BOP”) “has established regulations governing formal review of inmate complaints relating to any aspect of imprisonment,” codified in 28 C.F.R. § 542.10 et seq.; United States v. Lucas, 898 F.2d 1554, 1556 (1…
- Gongora v. Stone, No. 3:22-cv-00164 (S.D. Ga. Dec. 13, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Patino-Linares v. Stone, No. 3:22-cv-00112 (S.D. Ga. Dec. 2, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Ramirez v. FCI Otisville, No. 3:22-cv-00073 (S.D. Ga. Nov. 29, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Villalobos-Hernandez v. Stone, No. 3:22-cv-00108 (S.D. Ga. Nov. 21, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
Show 30 more citing cases
- Flores-Tafoya v. Stone, No. 3:22-cv-00124 (S.D. Ga. Nov. 21, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Figueroa Ospina v. Stone, No. 3:22-cv-00125 (S.D. Ga. Nov. 16, 2022).The Federal Bureau of Prisons (“BOP”) “has established regulations governing formal review of inmate complaints relating to any aspect of imprisonment,” codified in 28 C.F.R. § 542.10 et seq.; United States v. Lucas, 898 F.2d 1554, 1556 (1…
- Ceballos v. Stone, No. 3:22-cv-00119 (S.D. Ga. Nov. 2, 2022).The Federal Bureau of Prisons (“BOP”) “has established regulations governing formal review of inmate complaints relating to any aspect of imprisonment,” codified in 28 C.F.R. § 542.10 et seq.; United States v. Lucas, 898 F.2d 1554, 1556 (1…
- Alegria v. Warden FCI Safford, No. 3:22-cv-00120 (S.D. Ga. Nov. 2, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Madrid v. Stone, No. 3:22-cv-00106 (S.D. Ga. Nov. 2, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Yoza v. Stone, No. 3:22-cv-00115 (S.D. Ga. Nov. 2, 2022).The Federal Bureau of Prisons (“BOP”) “has established regulations governing formal review of inmate complaints relating to any aspect of imprisonment,” codified in 28 C.F.R. § 542.10 et seq.; United States v. Lucas, 898 F.2d 1554, 1556 (1…
- Cuajivoy-Cortes v. Stone, No. 3:22-cv-00105 (S.D. Ga. Nov. 2, 2022).The Federal Bureau of Prisons (“BOP”) “has established regulations governing formal review of inmate complaints relating to any aspect of imprisonment,” codified in 28 C.F.R. § 542.10 et seq.; United States v. Lucas, 898 F.2d 1554, 1556 (1…
- Lopez v. Warden FCI Elkton, No. 3:22-cv-00102 (S.D. Ga. Oct. 11, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Williams v. Stone, No. 3:22-cv-00100 (S.D. Ga. Oct. 11, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Mestra v. Warden FCI Elkton, No. 3:22-cv-00103 (S.D. Ga. Oct. 11, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Bacca-Cordoba v. Stone, No. 3:22-cv-00080 (S.D. Ga. Sept. 27, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Garcia-Aguirre v. Stone, No. 3:22-cv-00053 (S.D. Ga. Sept. 22, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Saint-Hilaire v. Stone, No. 3:22-cv-00071 (S.D. Ga. Sept. 22, 2022).United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam).
- Sanchez Veliz v. Stone, No. 3:22-cv-00067 (S.D. Ga. Sept. 19, 2022).The Federal Bureau of Prisons (“BOP”) “has established regulations governing formal review of inmate complaints relating to any aspect of imprisonment,” codified in 28 C.F.R. § 542.10 et seq.; United States v. Lucas, 898 F.2d 1554, 1556 (1…
- Candelo v. Stone, No. 3:22-cv-00086 (S.D. Ga. Sept. 13, 2022).The Federal Bureau of Prisons (“BOP”) “has established regulations governing formal review of inmate complaints relating to any aspect of imprisonment,” codified in 28 C.F.R. § 542.10 et seq.; United States v. Lucas, 898 F.2d 1554, 1556 (1…
- Smith-Meria v. Stone, No. 3:22-cv-00036 (S.D. Ga. Sept. 13, 2022).The Federal Bureau of Prisons (“BOP”) “has established regulations governing formal review of inmate complaints relating to any aspect of imprisonment,” codified in 28 C.F.R. § 542.10 et seq.; United States v. Lucas, 898 F.2d 1554, 1556 (1…
- United States v. Gentry, 805 F. Supp. 1030 (S.D. Ga. 1992).published United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir.1990) 2 ; cf. United States v. Mathis, 689 F.2d 1364 (11th Cir.1982) (holding that, under the now repealed predecessor to § 3585(b), exhaustion of administrative remedies was a prerequi…
- Ivan Gonzalez v. United States, 959 F.2d 211 (11th Cir. 1992).publishedU.S. v. Lucas, 898 F.2d 1554, 1556 (11th Cir.1990).
- Jeffrey L. Cox v. United States, 937 F.2d 610 (7th Cir. 1991).unpublishedSee United States v. Brumbaugh, 909 F.2d 289 , 290 n. 2 (7th Cir.1990) (addressing Sec. 3585, which replaced Sec. 3568 but did not alter the role of the Attorney General); United States v. Hornick, 815 F.2d 1156, 1160 (1987); United States…
- United States v. Londono-Cardona, 759 F. Supp. 60 (D.P.R. 1991).publishedIn United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir.1990), the Eleventh Circuit states that “Congress did not intend any change in assigning this determination.” The Lucas court points to no legislative history in support of its posit…
- United States v. Willie Parks, No. 23-12390 (11th Cir. May 29, 2025).unpublishedSee United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990), abrogated in part on other grounds, as recognized by Santiago-Lugo v. Warden, 785 F.3d 467 , 475 n.5 (11th Cir. 2015).
- Faircloth v. United States, No. 2:19-cv-00269 (M.D. Fla. May 18, 2020).See United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam) (citing 28 C.F.R. §§ 542 .10–.16).
- United States v. Joseph Arthur Coates, No. 18-14963 (11th Cir. Aug. 21, 2019).unpublishedSee United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir. 1990) (per curiam) (citing 28 C.F.R. §§ 542 .10–.16).
- Angel Cintron Rodriguez v. J.D. Lamer, 60 F.3d 745 (11th Cir. 1995).published See United States v. Lucas, 898 F.2d 1554 , 1554-55 & n. 1 (11th Cir.1990) (per curiam).
- United States v. Killion, 788 F. Supp. 1165 (D. Kan. 1992).publishedSee United States v. Brumbaugh, 909 F.2d 289, 290 (7th Cir.1990) (“the change in language does not signal that Congress intended to relieve the Attorney General of the responsibility for making this calculation”); United States v. Lucas, 8…
- United States v. Barry Bleike, 950 F.2d 214 (5th Cir. 1991).published(No. 91-5142)
- United States v. Wesley Brumbaugh, 909 F.2d 289 (7th Cir. 1990).published See United States v. Lucas, 898 F.2d 1554, 1556 (11th Cir.1990). 3 Several tools of statutory interpretation support this conclusion.
- Shondolyn Blevins v. FCI Hazelton Warden, 819 F. App'x 853 (11th Cir. 2020).unpublished
- David M. Winck, Jr. v. Gordon R. England, 327 F.3d 1296 (11th Cir. 2003).published
- O'Steen v. Warden, FCC Coleman - Low, No. 5:24-cv-00025 (M.D. Fla. June 13, 2024).
At page 1555 Determining credit for time spent in custody17 citing casesstating that C.F.R. regulations “set out the procedures that prisoners must pursue prior to seeking relief in a district court” and that “exhaustion of administrative remedies is jurisdictional
- United States v. Anthony L. Chalker, 915 F.2d 1254 (9th Cir. 1990).published In finding that the power to grant credit for time served remained with the Attorney General, the Seventh Circuit stated that “[t]he use of the passive voice in the statutory language requires us to infer a subject; the most logical infere…
- United States v. Jorge Chavez, 712 F. App'x 963 (11th Cir. 2017).unpublished United States v. Lucas, 898 F.2d 1554, 1555-56 (11th Cir. 1990).
- Israel Santiago-Lugo v. Warden, 785 F.3d 467 (11th Cir. 2015).publishedSee Skinner v. Wiley, 355 F.3d 1293, 1295 (11th Cir.2004); Winck v. England, 327 F.3d 1296, 1306 (11th Cir.2003); Gonzalez v. United States, 959 F.2d 211, 212 (11th Cir.1992); United States v. Lucas, 898 F.2d 1554, 1555 (11th Cir.1990); Un…
- United States v. Alfredo Berrio, 428 F. App'x 944 (11th Cir. 2011).unpublishedUnited States v. Lucas, 898 F.2d 1554, 1555-56 (11th Cir.1990).
- United States v. Alexander, 609 F.3d 1250 (11th Cir. 2010).publishedUnited States v. Lucas, 898 F.2d 1554, 1555 (11th Cir.1990).
- Frederick Hegney v. Carlyle I. Holder, 177 F. App'x 901 (11th Cir. 2006).unpublished United States v. Lucas, 898 F.2d 1554, 1555-56 (11th Cir.1990).
- United States v. Morales-Morales, 985 F. Supp. 229 (D.P.R. 1997).published(stating that C.F.R. regulations “set out the procedures that prisoners must pursue prior to seeking relief in a district court” and that “exhaustion of administrative remedies is jurisdictional)
- United States v. Eric Lewis, 966 F.2d 1455 (6th Cir. 1992).unpublishedSee United States v. Wilson, 112 S.Ct. 1351, 1354-55 (1992) (U.S. Attorney General must compute sentence credit under 18 U.S.C. § 3585 (b)); United States v. Lucas, 898 F.2d 1554, 1555-56 (11th Cir.1990) (per curiam) (district court has ju…
- United States v. Terry Allen, 962 F.2d 7 (4th Cir. 1992).unpublishedUnited States v. Lucas, 898 F.2d 1554, 1555-56 (11th Cir. 1990) (per curiam). 9 Accordingly, we conclude that the Attorney General retains sole, initial authority to determine eligibility for a credit under § 3585(b).
- United States v. Robert Sawyer, No. 25-12555 (11th Cir. Apr. 24, 2026).unpublishedSee United States v. Lucas, 898 F.2d 1554, 1555 (11th Cir. 1990).
Show 7 more citing cases
- Franco Tinoco Jaimes v. United States, 168 F. App'x 356 (11th Cir. 2006).unpublished See Rodriguez v. Lamer, 60 F.3d 745, 747 (11th Cir.1995); United States v. Lucas, 898 F.2d 1554, 1555-56 (11th Cir.1990) (per curiam).
- Jeffery B. Hicks v. Martha L. Jordan, 165 F. App'x 797 (11th Cir. 2006).unpublished See Rodriguez v. Lamer, 60 F.3d 745, 747 (11th Cir.1995); United States v. Lucas, 898 F.2d 1554, 1555-56 (11th Cir.1990) (per curiam).
- John F. Dawson v. Roger Scott, 50 F.3d 884 (11th Cir. 1995).published (concluding from the legislative history for section 3585(b) that Congress intended for the Attorney General to have initial discretion to credit a defendant's time in custody prior to sentencing and that this determinat…)
- United States v. Dale A. Beston, 936 F.2d 361 (8th Cir. 1991).published
- Austin v. Fed. Bureau of Prisons, 529 F. App'x 994 (11th Cir. 2013).unpublished
- United States v. Thompson, 34 F. Supp. 2d 404 (S.D. W. Va. 1998).published
- Shondolyn Blevins v. FCI Hazelton Warden, 819 F. App'x 853 (11th Cir. 2020).unpublished
Other citing cases
- Meagher v. Dugger, 737 F. Supp. 641 (S.D. Fla. 1990).published
v.
Christopher Hugh LUCAS, Defendant-Appellant
Christopher Hugh Lucas and a co-defendant were arrested on November 16, 1987, by a Flagler County, Florida undercover officer accompanied by an undercover agent of the federal Bureau of Alcohol, Tobacco and Firearms, after the defendants purchased and took possession of approximately one kilogram of cocaine from the undercover agents. Lucas was taken into custody by Florida authorities and did not post bond until December 17, 1987. Lucas was indicted on federal drug charges and appeared to answer a summons for arraignment on April 4, 1988. He was released immediately on an unsecured bond, with his wife signing as third-party custodian. Lucas plead guilty on July 1, 1988 to one count of possession with intent to distribute a quantity of cocaine in excess of 500 grams, in violation of 21 U.S.C. § 841(a)(1). After his plea and sentencing, Lucas remained free on bond until assignment to a federal institution. He surrendered at the institution on August 1, 1988.
In January 1989, Lucas filed a pro se motion captioned “MOTION FOR ORDER TO CREDIT TIME IN CUSTODY,” ostensibly under the authority of 18 U.S.C. § 3568. Prior to its repeal, this section read:
The sentence of imprisonment of any person convicted of an offense shall commence to run from the date on which[*1555] such person is received at the penitentiary, reformatory, or jail for service of such sentence. The Attorney General shall give any such person credit toward service of his sentence for any days spent in custody in connection with the offense or acts for which sentence was imposed....
18 U.S.C. § 3568. [1] In his motion, Lucas sought to have credited against his federal sentence all the time between his arrest in November 1987, and his surrender at the federal prison in Atlanta in August 1988, on the grounds that this was time spent “in custody” within the meaning of section 3568. The United States responded to the motion, arguing first that Lucas had not exhausted his administrative remedies before the Bureau of Prisons and therefore that the district court lacked jurisdiction to entertain the motion and, second, that Lucas was not entitled to any credit on the merits of this motion, since he was neither in “custody” nor “official detention” as defined in the statutes and interpreted in the case law. The district court summarily denied the motion and Lucas appeals. We remand with instructions to vacate the order on the motion for lack of jurisdiction.
Because the crime for which Lucas was convicted occurred after November 1, 1987, the effective date of the replacement statute, Lucas’ case is governed by 18 U.S.C. § 3585 and not section 3568 as he contends. Section 3585 reads:
(b) CREDIT FOR PRIOR CUSTODY. —A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences—
(1) as a result of the offense for which the sentence was imposed; or
(2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed;
that has not been credited against another sentence.
18 U.S.C. § 3585(b).
United States v. Mathis, 689 F.2d 1364 (11th Cir.1982), dealt with a motion under section 3568, the predecessor to section 3585, in which a prisoner sought credit for time served. This court stated:
The district court did not have jurisdiction to consider the motion because the appellant failed to exhaust his administrative remedies. The Attorney General has the initial discretion to determine credit for appellant’s time in custody pri- or to imposition of sentence.
In order for appellant to secure credit ... he must pursue his administrative remedies through the Office of the Attorney General — specifically, through the Federal Prison System, which is under the Attorney General’s supervision.
After the decision by the Attorney General, a dissatisfied prisoner may seek review of that administrative action. A prisoner should seek early review by the Attorney General, and it is obvious that the Attorney General must render a decision granting or denying credit within the term of the sentence so that the prisoner may have sufficient time in which to seek release.
689 F.2d at 1365. Accord, United States v. Mitchell, 845 F.2d 951 (11th Cir.1988).
The prior statute explicitly provided that the Attorney General would determine what credit was due for time served, while the current statute is silent on that subject. The Attorney General, however, has delegated his authority in this area to the Bureau of Prisons. [2]
[*1556] Our examination of the current statute and its legislative history leads us to conclude that Congress did not intend any change in assigning this determination. The Attorney General has the authority to make this determination, and he has delegated the right to make the determination to the Bureau of Prisons. The Bureau has established regulations governing formal review of inmate complaints relating to any aspect of imprisonment. See 28 C.F.R. §§ 542.10 to .16 (1989). These regulations were not changed following enactment of section 3585(b) and they set out the procedures that prisoners must pursue prior to seeking relief in a district court.
This circuit has held that exhaustion of these administrative remedies is jurisdictional. Mitchell, 845 F.2d 951; Mathis, 689 F.2d 1364. Again, we find nothing under the new law intended to change this result. We therefore REMAND this case to the district court with instructions to vacate its order denying appellant’s motion and to enter an order dismissing the motion for lack of jurisdiction.
. As to repeal, see Sentencing Reform Act of 1984, Pub.L. No. 98-473, § 212(a)(2), 98 Stat. 1987 (1984), effective date set forth in Sentencing Reform Act of 1984, Pub.L. No. 98-473, § 235(a)(1), 98 Stat. 1987, 2031 (1984), as amended by Sentencing Reform Amendments Act of 1985, Pub.L. No. 99-217, § 4, 99 Stat. 1728 (1985), and appearing as 18 U.S.C. § 3551 note.
. 28 C.F.R. § 0.96 (1989) states that “[t]he Director of the Bureau of Prisons is authorized to exercise or perform any of the authority, functions, or duties conferred or imposed upon the Attorney General by any law relating to the[*1556] commitment, control, or treatment of persons ... charged with or convicted of offenses against the United States_”
Determination of credit for time served relates to the commitment of federal prisoners. Therefore, this all inclusive delegation of authority clearly is sufficiently broad to encompass delegating this authority to the Bureau of Prisons.