Eric Christopher Granger v. United States

Granger, a federal prisoner, appeals from the district court’s denial of his section 2255 petition. We affirm.

Granger received a five year sentence for bank robbery. The district court ordered him to serve six months in custody and suspended execution of the remaining four and one-half year period, to begin when he was released from custody.

After serving his six month sentence, Granger was released and entered the probationary period. He violated one of the conditions of probation; the district court revoked probation and sentenced Granger to three years imprisonment.

The Bureau of Prisons did not give Granger credit toward the three year sentence for the six months previously served, which would have reduced Granger’s sentence to two and one-half years. The district court denied Granger’s subsequent section 2255 petition, stating that had it “known that the reduced and lenient sentence [it] imposed upon revocation of probation created interpretive problems under 18 U.S.C. § 3568 , [it] would have made clear that [it] intended Granger to serve three and one-half years total imprisonment.”

We agree with the district court that the better practice, when imposing sentence,…