United States v. Dillon Shareef

MEMORANDUM

Dillon Shareef pleaded guilty to three counts of mail fraud under 18 U.S.C. § 1841 with enhanced penalties under 18 U.S.C. § 2326 for victimizing the elderly as part of telemarketing fraud. He appeals his sentence of 171 months of imprisonment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court did not err when it refused to calculate and grant time-served credit for Shareef s incarceration in Canada and the United Kingdom while he awaited extradition on these charges. “[District courts lack authority at sentencing to give credit for time served.” United States v. Peters, 470 F.3d 907, 909 (9th Cir.2006) (applying United States v. Wilson, 503 U.S. 329 , 112 S.Ct. 1351 , 117 L.Ed.2d 593 (1992)). “[T]he prerogative to grant credits in the first instance rests with the Attorney General, acting through the Bureau of Prisons.” Id. at 909 (citing Wilson, 503 U.S. at 333-35 , 112 S.Ct. 1351 ). Not only was there no error here, but the government has shown that Shareef was accorded credit for time-served by the Bureau of Prisons.

2. The district court properly rejected Shareef s request for a two-level reduction in his offense level because he…