David H. McClain v. Bureau of Prisons J.J. Clark, Warden, 9 F.3d 503 (6th Cir. 1993). · Go Syfert
David H. McClain v. Bureau of Prisons J.J. Clark, Warden, 9 F.3d 503 (6th Cir. 1993). Cases Citing This Book View Copy Cite
88 citation events (71 in the last 25 years) across 18 distinct courts.
Strongest positive: United States v. Maurice Walker (ca7, 2019-03-11)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Maurice Walker
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
the district court cor- rectly concluded that the attorney general, not the court, has the author- ity to compute sentence credits for time in detention prior to sentencing.
discussed Cited as authority (quoted) United States v. Maurice Walker
7th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence low
the district court correctly concluded that the attorney general, not the court, has the authority to compute sentence credits for time in detention prior to sentencing.
discussed Cited as authority (rule) Frederick Lamar Dixon v. Eric Rardin (2×)
E.D. Mich. · 2026 · confidence medium
United States v. Wilson, 503 U.S. 329, 335 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
cited Cited as authority (rule) Darrell Hunt v. Eric Rardin
E.D. Mich. · 2025 · confidence medium
United States v. Wilson, 503 U.S. 329, 335 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
discussed Cited as authority (rule) Rashid v. Entzel
E.D. Ky. · 2025 · confidence medium
Ky. Jan. 6, 2015) (citing McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993) (finding that although petitioner had been released from federal custody, his supervised release dates were affected by the BOP’s computation of credit on his federal sentence)); see also Shorter v. Warden, 803 F. App’x 332 , 335 (11th Cir. 2020).
cited Cited as authority (rule) Herrera v. Rardin
E.D. Mich. · 2025 · confidence medium
McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
cited Cited as authority (rule) Rubinstein v. Rardin
E.D. Mich. · 2024 · confidence medium
United States v. Wilson, 503 U.S. 329, 335 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
discussed Cited as authority (rule) Williams v. Swaney
E.D. Ky. · 2024 · confidence medium
Broadwater v. Sanders, 59 F. App’x 112, 114 (6th Cir. 2003) (citing 18 U.S.C. § 3585 (b); United States v. Wilson, 503 U.S. 329, 337 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993)).
discussed Cited as authority (rule) Torres v. Joyner
E.D. Ky. · 2023 · confidence medium
Broadwater v. Sanders, 59 F. App’x 112, 114 (6th Cir. 2003) (citing 18 U.S.C. § 3585 (b); United States v. Wilson, 503 U.S. 329, 337 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993)).
discussed Cited as authority (rule) Hale v. United States
E.D. Ky. · 2023 · confidence medium
Broadwater v. Sanders, 59 F. App’x 112, 114 (6th Cir. 2003) (citing 18 U.S.C. § 3585 (b); United States v. Wilson, 503 U.S. 329, 337 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993)).
cited Cited as authority (rule) Barnett v. Bowers
W.D. Tenn. · 2023 · confidence medium
McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
discussed Cited as authority (rule) Pratt v. Hemingway (2×) also: Cited "see, e.g."
E.D. Mich. · 2023 · confidence medium
The essence of Petitioner=s claim was (and is) that he should receive jail credit toward his federal sentences for the time he was in federal custody prior to September 22, 2020. 5 335-36; McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
cited Cited as authority (rule) Lenze v. Swaney
E.D. Ky. · 2023 · confidence medium
App’x 112, 114 (6th Cir. 2003) (citing 18 U.S.C. § 3585 (b); United States v. Wilson, 503 U.S. 329, 337 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993)).
discussed Cited as authority (rule) Green v. Christensen
N.D.N.Y. · 2023 · confidence medium
See Kayfez v. Gasele, 993 F.2d 1228, 1290 (7th Cir. 1993) (awarding credit which was formerly applied to petitioner's concurrent state court sentence, which had since been vacated, to petitioner's federal term instead); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993) (providing petitioner with credit on his federal sentence for the time he remained in custody, after being awarded state parole, until his federal sentence was issued); United States v. Harris, 876 F.2d 1502, 1506-07 (11th Cir. 1989) ("undisputed facts are that the United States agent of the DEA originated the action…
cited Cited as authority (rule) United States v. Tory Anderson
6th Cir. · 2023 · confidence medium
McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
cited Cited as authority (rule) Tennille v. Hemingway
E.D. Mich. · 2021 · confidence medium
McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
discussed Cited as authority (rule) Sager v. Commissioner of Social Security
W.D. Wash. · 2021 · confidence medium
The 4 Plaintiff’s argument is persuasive; in this case, the ALJ’s discounting of lay witness 5 testimony was not supported by substantial evidence. 6 Lay testimony regarding a claimant’s symptoms “is competent evidence that an 7 ALJ must take into account,” unless the ALJ “expressly determines to disregard such 8 testimony and gives reasons germane to each witness for doing so.” Lewis v. Apfel, 236 9 F.3d 503, 511 (9th Cir. 2001).
cited Cited as authority (rule) Cooper v. Warden FCI Bennettsville
W.D. Tenn. · 2021 · confidence medium
McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993); see Reno v. Koray, 515 U.S. 50, 60 (1995) (stating that the BOP is “the agency charged with administering the credit statute”).
discussed Cited as authority (rule) Weeks v. Saul
E.D. Wash. · 2021 · confidence medium
See Bayliss, 427 F.3d at 1218 ; Lewis v. Apfel, 236 9 F.3d 503, 511-12 (9th Cir. 2001) (germane reasons include inconsistency with 10 medical evidence, activities, and reports).
discussed Cited as authority (rule) White v. The Warden Mr. Phelps
D.S.C. · 2021 · confidence medium
See Doganiere v. United States, 914 F.2d 165 , 169–70 (9th Cir. 1990) (noting the “proper way to seek review of the Parole Commission’s decision is by a petition for a writ of habeas corpus under 28 U.S.C. § 2241 [.]”); McClain v. United States Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993) (commenting although “the Attorney General, not the court, has the authority to compute sentence credits for time in detention prior to sentencing[,] . . . [t]he district court may, however, grant petitioner relief under 28 U.S.C. § 2241 .”).
discussed Cited as authority (rule) Foster v. Commissioner of Social Security
W.D. Wash. · 2021 · confidence medium
Whether the ALJ Properly Evaluated Lay Witness Testimony 4 Finally, Plaintiff avers that the ALJ improperly rejected a lay witness statement 5 from her husband, Steven F. Dkt. 17, pp. 14–16. 6 Lay testimony regarding a claimant’s symptoms “is competent evidence that an 7 ALJ must take into account,” unless the ALJ “expressly determines to disregard such 8 testimony and gives reasons germane to each witness for doing so.” Lewis v. Apfel, 236 9 F.3d 503, 511 (9th Cir. 2001).
discussed Cited as authority (rule) Haderman v. Commissioner of Social Security
W.D. Wash. · 2021 · confidence medium
AR 59. 6 Lay testimony regarding a claimant’s symptoms “is competent evidence that an 7 ALJ must take into account,” unless the ALJ “expressly determines to disregard such 8 testimony and gives reasons germane to each witness for doing so.” Lewis v. Apfel, 236 9 F.3d 503, 511 (9th Cir. 2001).
discussed Cited as authority (rule) Noa v. Saul
N.D. Cal. · 2021 · confidence medium
No. 35 at 15:27.) See Lewis v. Apfel, 236 9 F.3d 503, 514 (9th Cir. 2001) (“Unlike the claimants in Lester and Marcia, however, Lewis has 10 offered no theory, plausible or otherwise, as to how his seizure disorder and mental retardation 11 combined to equal a listed impairment.
discussed Cited as authority (rule) Polen v. USP McCreary
E.D. Ky. · 2021 · confidence medium
If [Polen] were credited for this time against his current federal sentence, he would receive improper double credit.” Broadwater v. Sanders, 59 F. App’x 112, 114 (6th Cir. 2003) (citing 18 U.S.C. § 3585 (b); United States v. Wilson, 503 U.S. 329, 337 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993)).
discussed Cited as authority (rule) LeFlore v. Unknown
E.D. Ky. · 2020 · confidence medium
If [LeFlore] were credited for this time against his current federal sentence, he would receive improper double credit.” Broadwater v. Sanders, 59 F. App’x 112, 114 (6th Cir. 2003) (citing 18 U.S.C. § 3585 (b); United States v. Wilson, 503 U.S. 329, 337 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993)).1 Finally, the Court notes that LeFlore has not challenged any of the evidence presented by the Warden on these calculations.
cited Cited as authority (rule) Hall v. Hemingway
E.D. Mich. · 2020 · confidence medium
See Wilson, 503 U.S. at 335 , 112 S.Ct. 1351 ; McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
discussed Cited as authority (rule) Anderson v. Warden
E.D. Ky. · 2020 · confidence medium
If [Anderson] were credited for this time against his current federal sentence, he would receive improper double credit.” Broadwater v. Sanders, 59 F. App’x 112, 114 (6th Cir. 2003) (citing 18 U.S.C. § 3585 (b); United States v. Wilson, 503 U.S. 329, 337 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993)).
discussed Cited as authority (rule) United States v. Anthony Board, Jr.
6th Cir. · 2018 · confidence medium
A defendant is entitled to credit for time served prior to sentencing, but it is up to the Attorney General, through the Bureau of Prisons, to authorize it. 18 U.S.C. § 3585 (b); United States v. Oglesby, 52 F. App’x 712, 713-14 (6th Cir. 2002) (order); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
cited Cited as authority (rule) Avon Twitty v. Charles Lockett
7th Cir. · 2014 · confidence medium
See Romandine v. United States, 206 F.3d 731, 736 (7th Cir.2000); Rogers v. United States, 180 F.3d 349, 358 (1st Cir.1999); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993).
discussed Cited as authority (rule) United States v. Jarreous Blewitt (2×)
6th Cir. · 2013 · confidence medium
However, we have recognized that “an appeal is not entirely moot ‘so long as the appeal potentially implicates the length of the [defendant’s] supervised release term.’ ” United States v. Waltanen, 356 Fed.Appx. 848, 851 (6th Cir.2009) 2 (quoting United States v. Maken, 510 F.3d 654 , 656 n. 3 (6th Cir.2007)); see also United States v. May, 568 F.3d 597, 602 (6th Cir.2009); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993).
discussed Cited as authority (rule) United States v. Jarreous Blewitt
6th Cir. · 2013 · confidence medium
However, we have recognized that “an appeal is not entirely moot ‘so long as the appeal potentially implicates the length of the [defendant’s] supervised release term.’” United States v. Waltanen, 356 F. App’x 848, 851 (6th Cir. 2009)2 (quoting United States v. Maken, 510 F.3d 654 , 656 n.3 (6th Cir. 2007)); see also United States v. May, 568 F.3d 597, 602 (6th Cir. 2009); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
cited Cited as authority (rule) Carlton Alexander v. Bureau of Prisons
6th Cir. · 2011 · confidence medium
See generally United States v. Wilson, 503 U.S. 329, 334-37 , 112 S.Ct. 1351 , 117 L.Ed.2d 593 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993) (per curiam).
cited Cited as authority (rule) Woody v. Marberry
6th Cir. · 2006 · confidence medium
United States v. Chase, 104 Fed.Appx. 561, 562 (6th Cir.2004) (citing McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993)).
cited Cited as authority (rule) United States v. Chase
6th Cir. · 2004 · confidence medium
Wilson, 503 U.S. at 335 , 112 S.Ct. 1351 ; McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993).
cited Cited as authority (rule) Broadwater v. Sanders
6th Cir. · 2003 · confidence medium
United States v. Wilson, 503 U.S. 329, 334-37 , 112 S.Ct. 1351 , 117 L.Ed.2d 593 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993).
cited Cited as authority (rule) United States v. Oglesby
6th Cir. · 2002 · confidence medium
See Wilson, 503 U.S. at 335 , 112 S.Ct. 1351 ; McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993).
cited Cited as authority (rule) United States v. Singh
6th Cir. · 2002 · confidence medium
United States v. Wilson, 503 U.S. 329, 333 , 112 S.Ct. 1351 , 117 L.Ed.2d 593 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 504 (6th Cir.1993).
cited Cited as authority (rule) Garrett v. Snyder
6th Cir. · 2002 · confidence medium
See 18 U.S.C. § 3585 (b); United States v. Wilson, 503 U.S. 329, 337 , 112 S.Ct. 1351 , 117 L.Ed.2d 593 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993).
cited Cited as authority (rule) United States v. Shockley
6th Cir. · 2001 · confidence medium
See United States v. Wilson, 503 U.S. 329, 335 , 112 S.Ct. 1351 , 117 L.Ed.2d 593 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993).
cited Cited as authority (rule) United States v. Dowell
6th Cir. · 2001 · confidence medium
See Wilson, 503 U.S. at 335 , 112 S.Ct. 1351 ; McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993).
discussed Cited as authority (rule) Suaza v. Department of Justice (2×) also: Cited "see"
6th Cir. · 2001 · confidence medium
See 18 U.S.C. § 3585 (b); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993).
discussed Cited as authority (rule) Rogers v. United States
1st Cir. · 1999 · confidence medium
Once administrative remedies are exhausted, see 28 C.F.R. §§ 542.10-542.16 , prisoners may then seek judicial review of any jail-time credit determination, see Wilson, 503 U.S. at 335 , 112 S.Ct. 1351 , by filing a habeas petition under 28 U.S.C. § 2241 . 16 See McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993).
discussed Cited as authority (rule) No. 98-2215
1st Cir. · 1999 · confidence medium
Once administrative remedies are exhausted, see 28 C.F.R. §§ 542.10-542.16 , prisoners may then seek judicial review of any jail-time credit determination, see Wilson, 503 U.S. at 335 , by filing a habeas petition under 28 U.S.C. § 2241 . 16 See McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993).
cited Cited as authority (rule) Beard v. Bureau of Prisons
4th Cir. · 1998 · confidence medium
See 18 U.S.C.A. § 3585 (b) (West 1985); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993).
discussed Cited as authority (rule) Everett Eugene Sesler v. Percy H. Pitzer, Sued As: Percy Pitzer, Warden, Federal Prison Camp, Duluth, Minnesota
8th Cir. · 1997 · confidence medium
Respondent remains in the ‘custody’ of the State, and whether respondent must serve the sentence now under attack consecutively to his prior sentences will affect the date at which his parole will expire under state law.” (citations omitted)); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993) (per curiam) (Considering a 28 U.S.C. § 2241 action to determine whether the district court erroneously denied a prisoner credit on his federal sentence for time incarcerated, the court held: “Petitioner has been released from federal custody.
discussed Cited as authority (rule) Everett E. Sesler v. Percy H. Pitzer
8th Cir. · 1997 · confidence medium
Respondent remains in the ‘custody’ of the State, and whether respondent must serve the sentence now under attack consecutively to his prior sentences will affect the date at which his parole will expire under state law.” -3- (citations omitted)); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993) (per curiam) (Considering a 28 U.S.C. § 2241 action to determine whether the district court erroneously denied a prisoner credit on his federal sentence for time incarcerated, the court held: “Petitioner has been released from federal custody.
discussed Cited as authority (rule) United States v. Kathy J. Stout
8th Cir. · 1997 · confidence medium
See United States v. Chavez-Palacios, 30 F.3d 1290, 1293 (10th Cir. 1994); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir. 1993) (per curiam); United States v. Smith, 991 F.2d 1468, 1470 (9th Cir. 1993); United States v. Huang, 977 F.2d 540 , 542 n.1 (11th Cir. 1992) (per curiam).
discussed Cited as authority (rule) United States v. Kathy J. Stout
8th Cir. · 1997 · confidence medium
See United States v. Chavez-Palacios, 30 F.3d 1290, 1293 (10th Cir.1994); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993) (per curiam); United States v. Smith, 991 F.2d 1468, 1470 (9th Cir.1993); United States v. Huang, 977 F.2d 540 , 542 n. 1 (11th Cir.1992) (per curiam)
discussed Cited as authority (rule) United States v. Thomas Lynn Parks
6th Cir. · 1996 · confidence medium
See United States v. Chavez-Palacios, 30 F.3d 1290, 1293 (10th Cir.1994); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993) (per curiam); United States v. Smith, 991 F.2d 1468, 1470 (9th Cir.1993); United States v. Huang, 977 F.2d 540 , 542 n. 1 (11th Cir.1992) (per curiam). 7 Turning to the merits of Parks's appeal, the district court did not err in imposing the five-year mandatory minimum sentence.
discussed Cited as authority (rule) Walter James Hart, Jr. v. United States
6th Cir. · 1995 · confidence medium
See United States v. Wilson, 503 U.S. 329, 334-35 (1992); McClain v. Bureau of Prisons, 9 F.3d 503, 505 (6th Cir.1993) (per curiam). 15 Accordingly, the district court's judgment, entered on January 17, 1995, is affirmed.
Retrieving the full opinion text from the archive…
David H. McCLAIN, Petitioner-Appellant,
v.
BUREAU OF PRISONS; J.J. Clark, Warden, Respondents-Appellees
93-5050.
Court of Appeals for the Sixth Circuit.
Nov 10, 1993.
9 F.3d 503
1993 U.S. App. LEXIS 29079
1993 WL 457026
David H. McClain (briefed), pro se., Daniel A. Clancy, U.S. Atty., Harriett Miller Halmon, Asst. U.S. Atty. (briefed), Memphis, TN, for respondent-appellee.
Kennedy, Siler, Bertelsman.
Cited by 74 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 61%
Citer courts: Seventh Circuit (1)
PER CURIAM.

Petitioner David H. McClain appeals the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition. The issue is whether the district court erroneously denied him credit on his federal sentence for time incarcerated. For reasons stated hereafter, we affirm in part and reverse in part the decision of the district court.

I.

On March 6, 1990, petitioner was arrested in Davidson County, Tennessee, on forgery charges and held because he was unable to make bond. He pled guilty in Davidson County Criminal Court to theft and was sentenced on August 21, 1990, to four years in prison.

While petitioner was serving that state sentence, on October 17, 1990, the United States Marshals Service requested that he be held on federal credit card fraud charges. Petitioner was then transferred to federal custody by writ of habeas corpus ad prose-quendum on January 4, 1991. On March 4, 1991, petitioner pled guilty in federal court to one count of credit card fraud. On July 1, 1991, while in federal custody awaiting sentence on the federal charge, petitioner was paroled by state authorities. He was sentenced on October 11, 1991, to twenty-one months imprisonment, to run concurrently with any state sentence, plus two years of supervised release, and was to be given credit for jail time served in federal custody. On November 1, 1991, the Marshals Service delivered petitioner to the Bureau of Prisons, who refused to grant him credit for time[*505] spent in custody prior to his sentencing on October 11, 1991. Petitioner’s release date from federal custody was projected to be April 19, 1993.

II.

Petitioner first argues that he is entitled to credit against his federal sentence for all time spent in federal custody.

18 U.S.C. § 3585(b) provides:

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.

Specifically, petitioner claims that he is entitled to credit from March 6, 1990, the initial arrest date, or from January 4, 1991, the date he was taken into federal custody. Petitioner was serving a state sentence when he was transferred under a writ of habeas corpus ad prosequendum. The Bureau of Prisons determined that the time from January 4, 1991, to October 11, 1991, had been credited by the State of Tennessee against the state sentence, so it gave petitioner credit only for the time served after sentencing. The district court correctly concluded that the Attorney General, not the court, has the authority to compute sentence credits for time in detention prior to sentencing. United States v. Wilson, — U.S.—, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992). The district court may, however, grant petitioner relief under 28 U.S.C. § 2241. Wright v. United States Bd. of Parole, 557 F.2d 74, 77 (6th Cir.1977).

Petitioner argued before the district court that but for the federal charges, he would have been released by the Tennessee Department of Corrections, and thus the continued detention must be attributed to the federal charges. The district court, however, believed that this argument ignores the plain language of § 3585, which is intended to prevent double credit for detention incurred before a sentence actually begins. Accordingly, the district court held that the Attorney General is prohibited from granting petitioner credit for the time served from January 4, 1991, to October 11, 1991.

Petitioner further argues that because the federal judgment provides that the federal sentence is to run concurrently with the state sentence, he should receive presentencing credit. The government argues, however, that because petitioner was in federal custody on a writ of habeas corpus, he received credit on his state sentence for time spent in federal custody prior to the imposition of the sentence.

III.

We hold that petitioner should be given credit on the federal sentence for the time that he was on state parole, from July 1, 1991, until the date of his sentence, October 11, 1991. The federal government took custody from the state by virtue of the writ. However, once paroled he was in federal custody only because he was awaiting federal sentence. His release on parole from state charges essentially put him in exclusive federal custody. Therefore, the district court should have directed that the Attorney General credit petitioner with the additional time spent in custody after he was paroled.

Petitioner has been released from federal custody. However, his supervised release dates are affected by the erroneous computation. Thus, his claim is not moot.

The decision of the district court is REVERSED in part and this matter is REMANDED for further proceedings consistent with this opinion.