U.S. Court of Appeals for the Eighth Circuit, 1998

United States v. Bedah Donald Frey

United States v. Bedah Donald Frey
U.S. Court of Appeals for the Eighth Circuit · Decided September 17, 1998

United States v. Bedah Donald Frey

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________ No. 97-3358WA _____________ United States of America, * * Appellee, * Appeal from the United States * District Court for the Western v. * District of Arkansas. * Bedah Donald Frey, * [UNPUBLISHED] * Appellant. * _____________ Submitted: September 8, 1998 Filed: September 17, 1998 _____________ Before FAGG, BRIGHT, and KELLY, Circuit Judges. _____________ PER CURIAM.

Bedah Donald Frey appeals the sentence imposed on him after the district court revoked Frey's supervised release. Because Frey's appeal lacks merit, we conclude that an extended discussion is not warranted. First, the district court lacked authority to grant Frey the credit he sought for time spent in detention. See United States v. Wilson, 503 U.S. 329, 333-34 (1992) (sentence credit is not awarded by sentencing court, but by Bureau of Prisons). Second, the district court correctly sentenced Frey.

See 18 U.S.C. § 3583 (h) (1994); United States v. St. John, 92 F.3d 761, 766 (8th Cir. 1996). We affirm the district court's judgment. See 8th Cir. R. 47B.

A true copy.

Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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