UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

FILED28 AUG 71711 ((llEDC-ORP 

UNITED STATES OF AMERICA § 

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v. § Case No. 3:15-cr-00044-J0-15 

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JOSE MATA § 

MOTION FOR JAIL CREDIT FOR TIME SPEND IN HOME INCARCERATION 

COMES NOW, Jose Mata, acting pro se respectfully request this 

Honorable Court for jail credit on time spent in home detention. 

In request for the jail credit, Mr. Mata states as follows: 

FACTUAL BACKGROUND 

On February 11, 2015, Mr. Mata was arrested based on the 

indictment that charge him with conspiracy to distribute and possess 

with intent to distribute heroin in violation of 21 U.S.C. §§§ 

841(a)(1), 841(b)(1)(B) and 841(b)(1)(C). 

On February 23, 2015, Mr. Mata was approved for home detention 

with 24 hours GPS ankle monitoring and with restrictions that 

did not allow him to travel certain areas without prior approval 

from probation department and court order. As part of condition 

for ankle monitoring, Mr. Mata was required to pay $105 monthly 

for ankle monitoring fee. 

On May 26, 2016, Mr. Mata appeared before this Honorable 

Court, and entered a guilty plea to the charge, and was ordered 

continue home incarceration by the court pending sentencing. 

1. 

Case 3:15-cr-00044-JO Document 869 Filed 08/28/17 Page 1 of 4
On September 21, 2016, Mr. Mata appeared before the District 

Court for sentencing. The Court after reviewing the PSR, sentenced 

Mr. Mata to 120 months imprisonment in the federal prison. Mr. 

Mata was ordered to serve a 5 year-term of supervised release 

upon his release from federal prison. He was also ordered to 

pay $100 court assessment fee.· The District Court again ordered 

Mr. Mata to remained in home incarceration with all previous 

conditions applied, and to turn himself in to Federal Bureau 

of Prisons (BOP) authority on January 12, 2017. 

On January 12, 2017, Mr. Mata surrendered to Federal Correctional 

Institution, Oakdale, Louisiana to start serving his prison 

sentence. 

Mr. Mata is currently incarcerated at FCI-Oakdale-1, Louisiana, 

and request this Honorable Court to grant his motion awarding 

him jail credit for 23 months spent in home incarceration between 

February 11, 2015 until January 12, 2017. 

1HE DISIRICT HAS 1HE AlJIIDRI'IY TO AWARD 

JAIL CRFDIT FOR TIME SPFMl DURING ID1E INCARcmATIOO" 

Under the provision of U.S.S.G. § 5G1.3(b), the sentencing 

court retain jurisdiction and discretion, as well as legal authority 

to grant time credit for home incarceration to account for the 

23 months defendant spent on home confinement. 

Mr. Mata asserts that the jail credit for time he spent 

during home incarceration would not otherwise be credited to 

his original sentence without order from sentencing judge authorizing 

such jail credit. Authorization of jail credit for home incarceration 

by a federal sentencing judge is not without precedent. 

2. 

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In United States V. Huey Cole, No. 08-231 U.S. Dist. (E.D. 

Louisiana, Sept. 27, 2011), the United States District Judge 

granted 23 months jail for time defendant spent during his home 

detention. The Court in Huey Cole, noted that "the sentence 

is not departed from the United States Sentencing Guidelines, 

but is imposed under the provisions of USSG § 5G1.3(a) to account 

for 23 months the defendant spent on home incarceration which 

would not otherwise credited by the Bureau of Prisons. 

To be sure, in Koray V. Sizer, 21 F.3d 558 (3rd Cir. 1994), the 

Third Circuit Court of Appeal reversed an order of the district 

court that denied petitioner inmate's request for a writ of habeas 

corpus. The Court remanded for a determination as to whether 

petitioner was held in jail type conditions when he was confined 

pursuant to a court order to a halfway house. The Third Circuit 

held that petitioner could be entitled to credit for his time 

spend in a condition of restriction such as halfway house. (Emphasis 

added). 

In the instant case, Mr. Mata was placed under home confinement 

with severe restrictions for 23 months, starting from February 

11, 2015 until January 12, 2017. Mr. Mata's activities were severely 

restricted, he was placed on ankle monitoring, and not authorized to 

travel outside the pre-approved of condition approved by the probation 

office without prior approval. Furthermore, he was required to 

pay monthly fee of $105 for the ankle monitoring service. Mr. Mata's 

condition was a jail type when he was confined under home incarceration. 

3. 

Case 3:15-cr-00044-JO Document 869 Filed 08/28/17 Page 3 of 4
Accordingly, granting jail credit for the time Mr. Mata 

spent during his period of home incarceration towards his 10 

years sentence is not a departure from sentencing guidelines, 

but to account for 23 months spent under a severe and hash conditions 

of jail house type during his home confinement. 

WHEREFORE, PREMISES CONSIDERED, Mr. Mata respectfully ask 

that this Honorable Court grant time credit for 23 months he 

spent on home incarceration consistent with USSG § 5G1.3(a). 

The said credit will not otherwise be credited towards Mr. Mata's 

10 years sentence without this Court order granting such credit. 

Dated: August~' 2017 

CERTIFICATE OF SERVICE 

RESPECTFULLY SUBMITTED: 

JOSE MATA (Pro se) 

REG. NO. 76735-065 

FCI-OAKDALE-1 

P.O. BOX 5000 

OAKDALE, lA 71463 

I, Jose Mata, certify that a true and correct copy of the 

foregoing motion for jail credit for time spend in home incarceration 

has been forwarded to attorney for the government, addressed 

to Assistant U.S. Attorney , for the District of Oregon. Mailed 

this the~ day of August 2016, via U.S. mail postage prepaid. 

RESPECTFULLY SUBMITIED: 

JOSE MATA (Pro se) 

4. 

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