United States District Court, E.D. Kentucky, Central Division, Lexington
OPINION AND ORDER
K. CALDWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT
Vincent Conice Brown moves the Court to clarify that his
sentence on a supervised release violation in Lexington
Criminal Matter No. 5:12-100 should run concurrent with his
sentence for being a felon in possession of a firearm in
Lexington Criminal Matter No. 5:17-131. (No. 5:17-131, DE 29,
31; No. 5:12-100, DE 538.) The Court will deny the motions
Brown was initially sentenced by this Court on May 30, 2014
for distributing cocaine base. This occurred in Lexington
Criminal Matter No. 5:12-100. The Court sentenced him to a
prison term of 36 months. He served that time and then began
an 8-year term of supervised release on April 2, 2015. (No.
5:12-100, DE 476, Report at 1.)
26, 2017, he was arrested by the Lexington-Fayette Urban
County Police Department and was indicted in state court for
being a felon in possession of a firearm. He was released
from state custody on bond. (No. 5:12-100, DE 476, Report at
the firearm was a violation of the terms of Brown's
supervised release in this Court. Accordingly, he was
arrested by federal authorities on August 2, 2017 for the
supervised release violation. On August 10, 2017, the Court
conducted a hearing on the violation. At the hearing, Brown
stipulated that he had violated the terms of his supervised
release. (No. 5: 12-100, DE 479, Minute Entry.) The Court
found the supervised release violation had occurred and
ordered that Brown remain in custody until sentencing.
the firearm also violated a federal law that prohibits felons
from possessing firearms. 18 U.S.C. § 922(g)(1). Thus,
on December 7, 2017, Brown was indicted in this Court in
Lexington Criminal Matter No. 17-131 for possessing the
firearm. He later pleaded guilty to the charge.
28, 2018, the Court sentenced Brown on both the supervised
release violation in Lexington Criminal Matter No. 12-100 and
the gun charge in Lexington Criminal Matter No. 17-131.
the supervised release violation, the Court sentenced Brown
to time served. The “time served” consisted of
the 330 days Brown served in custody from the date he was
arrested on the supervised release violation (August 2, 2017)
until the June 28, 2018 sentencing. As to the federal gun
charge in Lexington Criminal Matter No. 17-131, the Court
sentenced Brown to a prison term of 70 months.
asks the Court to clarify that it intended for the 70-month
sentence to run concurrent with the “time served”
sentence. But the time-served sentence ended on the day it
was imposed. The 70-month sentence commenced on that day.
Thus, the sentences must necessarily run consecutive.
Brown may be seeking is for the Bureau of Prisons (BOP) to
give him credit on his 70-month sentence for the 330 days of
“time served” on his supervised release
a defendant is entitled to prior-custody credit on a federal
sentence is controlled by 18 U.S.C. § 3585(b), which
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
(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 ...