IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41039
Conference Calendar
JEFFERY ELGIN CRUMEDY,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:95-CV-438
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April 16, 1999
Before JONES, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:*
Jeffery Elgin Crumedy, Texas prisoner # 612356, appeals the
denial of his 28 U.S.C. § 2241 petition seeking credit towards
his federal sentence for time served in state custody. The
petition was proper under § 2241 because Crumedy is challenging
the execution of his federal sentence. See United States v.
Cleto, 956 F.2d 83, 84 (5th Cir. 1992). Because his petition was
filed before the enactment of the Antiterrorism and Effective
Death Penalty Act, neither a certificate of probable cause nor a
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-41039
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certificate of appealability is required. See Green v. Johnson,
116 F.3d 1115, 1119-20 (5th Cir. 1997); Ojo v. INS, 106 F.3d 680,
681-82 (5th Cir. 1997).
Crumedy is, however, required to exhaust administrative
remedies before proceeding. See United States v. Wilson, 503
U.S. 329, 335 (1992); United States v. Dowling, 962 F.2d 390, 393
(5th Cir. 1992). The Bureau of Prisons (“BOP”) determined that
Crumedy’s claim was premature because it will not calculate
Crumedy’s sentence, including any credit for time served, until
he reports for federal custody. See Wilson, 503 U.S. at 334-35.
Since his sentence has not yet been calculated, Crumedy’s § 2241
petition is likewise premature. Additionally, his claim for
credit appears to be without merit on its face. See Savage v.
Henderson, 475 F.2d 78, 79 (5th Cir. 1973). The district court’s
judgment is AFFIRMED.