Monta Jordan v. Linda McGrew

MEMORANDUM

Jordan argues that he overserved a pri- or term of imprisonment because the Bureau of Prisons incorrectly calculated the start date of that sentence. Jordan now wants what counsel called “overserved” time to be credited to the current sentence he is serving.

As a preliminary matter, it appears that Jordan’s claim is moot because he has completed the sentence he claims he over-served. See Burnett v. Lampert, 432 F.3d 996 (9th Cir.2005). Jordan’s current incarceration is for violating the terms of his supervised release relating to a drug conviction; however, Jordan is seeking credit for overserved time relating to an assault conviction. The term of imprisonment and supervised release for that assault conviction have now been completed.

Even if our analysis of mootness is mistaken, Jordan’s claim must fail because he did not overserve time for the assault conviction. In reducing Jordan’s term of imprisonment from 96 months to 57 months, the district court adopted the sentencing agreement proposed by the prosecution and defense. That sentencing agreement specified that Jordan’s sentence was to run concurrently with his sentence for drug distribution, and that he would…