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United States of America v. William A. Kern

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 14, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WILLIAM A. KERN, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on defendant William A. Kern's pro se motion for sentence credit for time served in home confinement (Doc. 35) and the Government's motion to strike Kern's pro se motion for lack of jurisdiction (Doc. 36). This Court has sentenced Kern and its judgment is final. Kern has pointed to no authority granting the Court further jurisdiction over Kern's case or the authority to award him credit towards his sentence. Accordingly, the Court DISMISSES Kern's motion for lack of jurisdiction (Doc. 35) and DENIES the Government's motionas moot (Doc. 36). After exhausting his administrative remedies, Kern may file a separate civil action under 28 U.S.C. § 2241 challenging the duration of his confinement. See, e.g., Ramsey v. Brennan, 878 F.2d 995 (7th Cir. 1989).

IT IS SO ORDERED.

J. Phil Gilbert

20120814

© 1992-2012 VersusLaw Inc.



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