APPEAL FROM THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS and ST. JOHN. (D.C. Civ. No. 93-00096).
Before: Stapleton, Alito, and Weis, Circuit Judges.
In this appeal, we hold that a prisoner serving a Virgin Islands sentence in a federal prison is entitled to the good-time credits provided by federal law rather than those applicable under a territorial statute. Because the Virgin Islands Bureau of Corrections failed to reduce the petitioner's sentence by the amount of federal credits earned, he was entitled to habeas corpus relief. We will affirm the order of the district court ordering his immediate release.
On April 8, 1987, the District Court of the Virgin Islands sentenced petitioner Graham to a five-year term of imprisonment for violating a federal statute. The federal sentence was to be served concurrently with an eight-year sentence for a territorial offense that was imposed a month later by another Judge of the court.
In June 1987, petitioner began serving the concurrent sentences in a federal prison. He qualified for federal good-time credits and was released from the federal institution after three years of actual confinement. The Virgin Islands Bureau of Corrections then took custody of petitioner in June 1990 to serve the remaining portion of his territorial sentence.
While in the Virgin Islands institution, petitioner asked that he be given credit against the eight-year territorial sentence for the five-year sentence completed in the federal prison. The Virgin Islands Attorney General's Office responded that petitioner would be given credit only for the three years actually spent in the federal penitentiary and that he would earn good-time credit under Virgin Islands law only for the period in which he was incarcerated in the Virgin Islands institution.
The net result of the Attorney General's ruling was that petitioner would earn good-time credits under Virgin Islands law only after June 1990 when he was returned to the Virgin Islands and became an inmate there. According to the Bureau of Corrections, petitioner would, therefore, not complete his sentence until May 29, 1994, assuming that he earned good-time credits at the Virgin Islands facility.
Petitioner then sought a writ of habeas corpus. The district court concluded that petitioner had been in "constructive custody" of the Bureau of Corrections while serving the concurrent territorial sentence in the federal prison. The court thus found that petitioner was entitled to good-time credits under Virgin Islands law against the territorial sentence for the time spent in the federal prison, as well as for the period served in the Virgin Islands institution. On that basis, the court observed that the petitioner's sentence had already expired and on September 1, 1993, ordered the immediate release of petitioner. The Government of the Virgin Islands has appealed, asserting that the district court erred in releasing petitioner prematurely.
18 U.S.C. § 5003(a) authorizes the Director of the United States Bureau of Prisons to contract with appropriate state and territorial officials for the custody of persons convicted in state or territorial courts. Section 5003(c) of that statute provides that "unless otherwise specifically provided in the contract, [such persons] shall be subject to all the provisions of law and regulations applicable to persons committed for violations of laws of the United States not inconsistent with the sentence imposed." Id. § 5003(c).
Acting pursuant to authority granted by 18 U.S.C. § 5003 and by the corresponding Virgin Islands statute, V.I. Code title 5, § 4503, the Government of the Virgin Islands entered into a contract with the United States Bureau of Prisons, which specified that prisoners in the custody of the federal government would be subject to federal rules and regulations. Therefore, by virtue of 18 U.S.C. § 5003 and the contract, Virgin Islands prisoners confined in federal prisons, whether convicted of federal or territorial offenses, are subject to the statutes applicable to federal prisoners and regulations of the federal Bureau of Prisons.
18 U.S.C. § 5003 does not exclude awards of good-time credits from its scope, and consequently, they would be applicable to prisoners serving territorial as well as federal sentences. To make a distinction depending on the jurisdiction that imposed the term of incarceration would create an undesirable disparity among the inmates, which would in turn lead to disciplinary problems for prison administrators. Moreover, allowing federal good-time credits toward a federal sentence, but not doing so for a concurrent territorial term, would reduce the incentives for a prisoner to qualify for those benefits and would thus frustrate the aims of the federal program.
At the time of the petitioner's offense, the federal good-time credit statute, 18 U.S.C. § 4161 (1982) (repealed 1986), provided that a prisoner convicted of a federal offense was entitled to an allowance of eight days per month for a sentence of between five and ten years.*fn1 Because petitioner was subject to federal rules and regulations while serving time in the federal prison, he was entitled to receive good-time credit under 18 U.S.C. § 4161 not only for the federal sentence, but for the territorial sentence as well. For example, if petitioner had been sentenced to concurrent ...