By Kaitlin Price
Today, Friday March 27, 2015, the Fourth Circuit, in an unpublished decision, affirmed United States v. Chacon. The Petitioner was found guilty of violating 21 U.S.C. Section 846 for intent to distribute and distribution of cocaine and methamphetamine and appealed the district court’s sentencing. The Petitioner specifically alleged that the district court erred in not providing Chacon with sentencing credit for 208 days he had severed.
The Fourth Circuit did not find any merit to Petitioner’s claim. The Supreme Court in United States v. Wilson explained that the district court does not have the authority to grant sentencing credits only the attorney general has that power. Therefore, the district court did not err in not considering a sentencing credit because it did not have the authority to do so.
The Fourth Circuit affirmed the district court’s decision.