United States v. Jose Cleto, 956 F.2d 83 (5th Cir. 1992). · Go Syfert
United States v. Jose Cleto, 956 F.2d 83 (5th Cir. 1992). Cases Citing This Book View Copy Cite
121 citation events (101 in the last 25 years) across 10 distinct courts.
Strongest positive: Hopper v. M.D. Smith (txnd, 2024-03-04)
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hopper v. M.D. Smith
N.D. Tex. · 2024 · quote attribution · 1 verbatim quote · confidence high
xhaustion of administrative remedies is a prerequisite to filing a section 2241 petition.
discussed Cited as authority (verbatim quote) Huerta v. United States
N.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
xhaustion of administrative remedies is a prerequisite to filing a section 2241 petition.
discussed Cited as authority (verbatim quote) Girven v. Smith
N.D. Tex. · 2023 · quote attribution · 1 verbatim quote · confidence high
xhaustion of administrative remedies is a prerequisite to filing a section 2241 petition.
discussed Cited as authority (verbatim quote) Bonilla v. Garrido
N.D. Tex. · 2022 · quote attribution · 1 verbatim quote · confidence high
xhaustion of administrative remedies is a prerequisite to filing a section 2241 petition.
examined Cited as authority (verbatim quote) Jamal Abu Samak v. Warden, FCC Coleman - Medium
11th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
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 his conviction and sentence.
examined Cited as authority (verbatim quote) Jamal Abu Samak v. Warden, FCC Coleman - Medium (2×) also: Cited as authority (rule)
11th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
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 his conviction and sentence.
examined Cited as authority (verbatim quote) Jamal Abu Samak v. Warden, FCC Coleman - Medium
11th Cir. · 2014 · quote attribution · 1 verbatim quote · confidence high
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 his conviction and sentence.
discussed Cited as authority (rule) Jose Antonio Peguero v. Warden Wingfield
S.D. Miss. · 2026 · confidence medium
“Section 2241 is the proper procedural vehicle if a prisoner ‘challenges the execution of his sentence rather than the validity of his conviction and sentence.’” Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (quoting United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992)). “[A] federal prisoner filing a § 2241 petition must first pursue all available administrative remedies.” Id.
discussed Cited as authority (rule) Pedro Carrera-Chavez v. Warden Unknown Childress
S.D. Miss. · 2026 · confidence medium
“Section 2241 is the proper procedural vehicle if a prisoner ‘challenges the execution of his sentence rather than the validity of his conviction and sentence.’” Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (quoting United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992)). “[A] federal prisoner filing a § 2241 petition must first pursue all available administrative remedies.” Ibid.
discussed Cited as authority (rule) Ever A Pando Uribe v. Warden F C I Oakdale II
W.D. La. · 2026 · confidence medium
Cervante v. United States, 402 F. App'x 886, 887 (5th Cir. 2010) (per curiam) (citing Rublee v. Fleming, 160 F.3d 213, 214-17 (5th Cir. 1998); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992)).
discussed Cited as authority (rule) Luis Javier Garcia v. Warden Yazoo City Low
S.D. Miss. · 2026 · confidence medium
“Section 2241 is the proper procedural vehicle if a prisoner ‘challenges the execution of his sentence rather than the validity of his conviction and sentence.’” Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (quoting United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992)). “[A] federal prisoner filing a § 2241 petition must first pursue all available administrative remedies.” Id.
discussed Cited as authority (rule) Clay Keys v. Pamela J. Bondi
W.D. La. · 2026 · confidence medium
Exhaustion A petitioner seeking relief under § 2241 “must first exhaust his administrative remedies through the Bureau of Prisons.” Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993) (citing United States v. Gabor, 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Keith J. Offord v. Felipe Martinez, Jr.
W.D. La. · 2026 · confidence medium
Exhaustion A petitioner seeking relief under § 2241 “must first exhaust his administrative remedies through the Bureau of Prisons.” Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993) (citing United States v. Gabor, 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Michael Tyrone Jackson v. Warden FCI Oakdale II
W.D. La. · 2026 · confidence medium
Exhaustion A petitioner seeking relief under § 2241 “must first exhaust his administrative remedies through the Bureau of Prisons.” Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993) (citing United States v. Gabor, 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Francois Legagneur v. Warden FCI Oakdale
W.D. La. · 2026 · confidence medium
Exhaustion A petitioner seeking relief under § 2241 “must first exhaust his administrative remedies through the Bureau of Prisons.” Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993) (citing United States v. Gabor, 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Sunsarri Roberts v. Jessica Culle, et al.
N.D. Tex. · 2026 · confidence medium
A petition for habeas corpus “is the proper procedural vehicle if a prisoner ‘challenges the execution of [her] sentence rather than the validity of [her] conviction and sentence.’” Gallegos- Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (citing United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992)).
cited Cited as authority (rule) Peter Victor Ayika v. United States of America
W.D. Tex. · 2025 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Alan Vandelaughter v. Warden F C I Pollock
W.D. La. · 2025 · confidence medium
Law and Analysis A petitioner seeking relief under § 2241 must first exhaust administrative remedies through the BOP’s four-step process. , 11 F.3d 47, 49 (5th Cir. 1993) (citing , 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); , 956 F.2d 83, 84 (5th Cir. 1992) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief).
discussed Cited as authority (rule) Alexander Ismael Benavidez v. Warden F C I Pollock
W.D. La. · 2025 · confidence medium
Law and Analysis A petitioner seeking relief under § 2241 must first exhaust administrative remedies through the BOP’s four-step process. , 11 F.3d 47, 49 (5th Cir. 1993) (citing , 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); , 956 F.2d 83, 84 (5th Cir. 1992) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief).
discussed Cited as authority (rule) Ethan Neal Hendricks v. Warden F C I Pollock
W.D. La. · 2025 · confidence medium
Law and Analysis A petitioner seeking relief under § 2241 “must first exhaust his administrative remedies through the Bureau of Prisons.” , 11 F.3d 47, 49 (5th Cir. 1993) (citing , 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); , 956 F.2d 83, 84 (5th Cir. 1992) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief).
discussed Cited as authority (rule) Dakota Latracon Carver v. Warden F C I Pollock
W.D. La. · 2025 · confidence medium
Law and Analysis A petitioner seeking relief under § 2241 must first exhaust administrative remedies through the BOP’s four-step process. , 11 F.3d 47, 49 (5th Cir. 1993) (citing , 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); , 956 F.2d 83, 84 (5th Cir. 1992) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief).
discussed Cited as authority (rule) Anthony Accurso v. C. Rivers
N.D. Tex. · 2025 · confidence medium
A federal prisoner may challenge the loss of such “good-time” credits by filing a petition under 28 U.S.C. § 2241 , which is the proper procedural vehicle for a prisoner challenging “the execution of [a] sentence rather than the validity of [the] conviction and sentence.” United States v. Cleto, 956 F. 2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Fabio Vargas-Gonzalez v. Felipe Martinez, Jr. (2×)
W.D. La. · 2025 · confidence medium
Exhaustion A petitioner seeking relief under § 2241 “must first exhaust his administrative remedies through the Bureau of Prisons.” Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993) (citing United States v. Gabor, 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Alfredo Kindelan Hernandez v. Warden FCI Oakdale
W.D. La. · 2025 · confidence medium
Exhaustion A petitioner seeking relief under § 2241 “must first exhaust his administrative remedies through the Bureau of Prisons.” Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993) (citing United States v. Gabor, 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Eduard Buse v. Federal Bureau of Prisons
W.D. La. · 2025 · confidence medium
Exhaustion A petitioner seeking relief under § 2241 “must first exhaust his administrative remedies through the Bureau of Prisons.” Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993) (citing United States v. Gabor, 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); see also Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Chavez v. Probation Officer Erin Bustamante
W.D. Tex. · 2025 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Thomas v. Martinez
W.D. La. · 2025 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Ozoani v. F C I Oakdale
W.D. La. · 2025 · confidence medium
Exhaustion A petitioner seeking relief under § 2241 “must first exhaust his administrative remedies through the Bureau of Prisons.” Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993) (citing United States v. Gabor, 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Cheung v. Goldey
W.D. La. · 2025 · confidence medium
However, a federal prisoner “must first exhaust his administrative remedies through the Bureau of Prisons.” , 11 F.3d 47, 49 (5th Cir. 1993) (citing , 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); , 956 F.2d 83, 84 (5th Cir. 1992) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief).
cited Cited as authority (rule) Benavente v. Rivers
N.D. Tex. · 2025 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Fernandez v. Martinez
W.D. La. · 2025 · confidence medium
Exhaustion A petitioner seeking relief under § 2241 “must first exhaust his administrative remedies through the Bureau of Prisons.” Rourke v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993) (citing United States v. Gabor, 905 F.2d 76 , 78 n. 2 (5th Cir. 1990)); Gallegos-Hernandez v. United States, 688 F.3d 190, 194 (5th Cir. 2012) (holding that exhaustion of administrative remedies is a prerequisite to § 2241 relief); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Servin v. Rivers
N.D. Tex. · 2024 · confidence medium
Federal prisoners may contest the loss of good time credits under 28 U.S.C. § 2241 , which is the proper procedural vehicle for a prisoner to challenge “the execution of his sentence rather than the validity of his conviction and sentence.” United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992). 1 Servin did not submit Cerna’s affidavit until his regional administrative appeal.
cited Cited as authority (rule) Morris v. United States
S.D. Miss. · 2024 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Laurel v. Warden S. Hijar
W.D. Tex. · 2024 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
discussed Cited as authority (rule) Chavez v. Warden, FCI La Tuna, FBOP
W.D. Tex. · 2024 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992). 2 B. 28 U.S.C. § 2255 By contrast, a motion attacking a federal sentence pursuant to 28 U.S.C. § 2255 “‘provides the primary means of collateral attack on a federal sentence.’” Pack, 218 F.3d at 451 (quoting Cox v. Warden, 911 F.2d 1111, 1113 (5th Cir. 1990)).
cited Cited as authority (rule) Cabello v. Hijar
W.D. Tex. · 2024 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Taylor v. Garland
S.D. Miss. · 2024 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Schlott v. Warden FPC La Tuna
W.D. Tex. · 2024 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Blake v. Warden Smith
N.D. Tex. · 2024 · confidence medium
See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir. 2000); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Lang v. Smith
N.D. Tex. · 2024 · confidence medium
See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir. 2000); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Jackson v. Garrido
N.D. Tex. · 2024 · confidence medium
See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir. 2000); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Kafeiti v. Warden FCI La Tuna-Camp
W.D. Tex. · 2024 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Gerrans v. Warden, FCI La Tuna, F.B.O.P.
W.D. Tex. · 2024 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (Sth Cir. 1992).
discussed Cited as authority (rule) Ruiz v. Hijar
W.D. Tex. · 2023 · confidence medium
Cervante v. United States, 402 F. App’x 886 , 887 (5th Cir. 2010) (per curiam) (citing Rublee v. Fleming, 160 F.3d 213 , 214–17 (5th Cir. 1998); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992)).
discussed Cited as authority (rule) Valdivia v. United States of America
D. Ariz. · 2023 · confidence medium
This case was originally filed in Texas, but the Texas court transferred this 17 case to this Court because (at the time of the transfer) Petitioner was housed in Arizona. 18 (Doc. 2) (citing United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992)). 19 Upon transfer to this Court, this case was referred to a Magistrate Judge.
cited Cited as authority (rule) Mooney v. Garrido
N.D. Tex. · 2023 · confidence medium
See Tolliver v. Dobre, petitioner). 2 211 F.3d 876, 877 (5th Cir. 2000); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Yazzie v. Hijar
W.D. Tex. · 2023 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) McDonald v. Garrido
N.D. Tex. · 2023 · confidence medium
See Tolliver v. Dobre, 211 F.3d 876, 877 (5th Cir. 2000); United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
cited Cited as authority (rule) Haywood v. El Paso County, TX Sheriff
W.D. Tex. · 2023 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (Sth Cir. 1992).
cited Cited as authority (rule) Pitter v. Boulet
S.D. Miss. · 2023 · confidence medium
United States v. Cleto, 956 F.2d 83, 84 (5th Cir. 1992).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Jose CLETO, Defendant-Appellant
91-8559.
Court of Appeals for the Fifth Circuit.
Mar 5, 1992.
956 F.2d 83
Jose Cleto, pro se., LeRoy M. Jahn, Stephen G. Jurecky, Asst. U.S. Attys., and Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.
Jolly, Davis, Smith.
Cited by 107 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 85%
Citer courts: S.D. New York (1)
PER 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 his conviction and sentence. See United States v. Gabor, 905 F.2d 76, 77-78 (5th Cir.1990). The district court had jurisdiction, nevertheless, because Cleto is incarcerated at the La Tuna federal prison camp, which is located in the Western District of Texas. See Gabor, id. at 78. Thus, in the interest of efficiency, we will consider Cleto’s petition, as it makes no practical difference whether the claim is filed under section 2255 or section 2241. Id.

Although exhaustion of administrative remedies is a prerequisite to filing a section 2241 petition, see Gabor, 905 F.2d at 78 n. 2, the government’s brief does not address whether Cleto has exhausted his administrative remedies. The exhaustion requirement thus is waived. See United States v. Woods, 888 F.2d 653, 654 (10th Cir.1989); United States v. Bleike, 950 F.2d 214, 219 (5th Cir.1991).

Cleto’s offense was committed in March 1989. Therefore, he is entitled to a sentence credit for any time “spent in official detention prior to the date the sentence commences_” 18 U.S.C. § 3585(b) (effective November 1, 1987).

Title 18 § 3568, the predecessor statute to section 3585, entitled a defendant to sentence credit “for any days spent in custody in connection with the offense or acts for which sentence was imposed.” We exclude from the definition of “custody,” under section 3568, pretrial release on bail and time spent on bail pending appeal. United States v. Mares, 868 F.2d 151, 152 (5th Cir.1989). “Custody” for purposes of section 3568 is “characterized by incarceration”; credit does not accrue on a federal sentence “until the prisoner is received at the place of imprisonment.” Polakoff v. [*85] United States, 489 F.2d 727, 730 (5th Cir.1974).

Other courts have found case law concerning section 3568 directly applicable to § 3585(b). See United States v. Insley, 927 F.2d 185, 186 (4th Cir.1991) (finding that “[f]or the purpose of calculating credit for time served under 18 U.S.C. § 3585, ‘official detention’ means imprisonment in a place of confinement, not stipulations or conditions imposed upon a person not subject to full physical incarceration”); United States v. Woods, 888 F.2d at 655 (no credit allowed under section 3585 for time spent at a halfway house as a condition of release). The Woods court noted that although section 3568 refers to “custody” and section 3585 to “official detention,” there is “nothing in the language of 18 U.S.C. § 3585 itself or its legislative history to indicate a departure from the precedents decided under the predecessor statute.” Id. (citing S.Rep. No. 225, 98th Cong., 2d Sess. 128-29, reprinted in 1984 U.S.C.C.A.N. 3182, 3311-12).

We agree with these authorities and reject Cleto’s contention that he was in “custody” during his release on bond. The district court’s dismissal of his petition is AFFIRMED.