The opinion of the court was delivered by: Judge Vanaskie
Petitioner R. Steven Stackpole files this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. He is currently confined at the Federal Prison Camp at Lewisburg, Pennsylvania ("FPC-Lewisburg"). Named as Respondent is Troy Williamson, Warden at FPCLewisburg.
Stackpole is currently serving a 150-month prison term after being found guilty in this Court of several offenses, including conspiracy to commit mail fraud in violation of 18 U.S.C. § 371, money laundering in violation of 18 U.S.C. § 1956; and engaging in monetary transactions in property derived from unlawful activity in violation of 18 U.S.C. § 1957. He challenges the calculation of his federal sentence by the Bureau of Prisons ("BOP"). Specifically, he contends that the Hon. William W. Caldwell of this Court intended his 150 month sentence to run fully, i.e., retroactively concurrent to the state sentence he was serving when his federal sentence was imposed. On April 25, 2007, Respondent was directed to file a response to the petition within twenty (20) days. (Dkt. Entry 7.) A response was submitted on May 15, 2007. (Dkt. Entry 10.) No traverse has been filed by Petitioner. The matter is now ripe for consideration.
The undisputed history of this case is extracted from the brief and exhibit/attachments submitted by Respondent. (Dkt. Entry 10, Ex. 1, Attachs. A-H.) On April 22, 1997, Stackpole was arrested by New Jersey officials for Misconduct of a Corporate Official. On July 6, 1998, he pleaded guilty to this offense. It appears that he was taken into custody on September 25, 1998. On December 4, 1998, he was sentenced in the Bergen County Superior Court in New Jersey to six (6) years incarceration.
On February 6, 2000, Stackpole was indicted in this Court in relation to his current federal offense. He was temporarily released to federal authorities pursuant to a writ ad prosequendum so he could appear in federal court on the federal charges. New Jersey retained primary jurisdiction of him. This type of temporary release to federal authorities occurred several times while Stackpole made appearances relating to the federal charges. On October 6, 2000, he was convicted by a jury on the federal charges.
On February 6, 2001, Stackpole pleaded guilty to Theft by Deception, Misapplication of Entrusted Property, and Securities Fraud in the Bergen County Superior Court in New Jersey.
Sentencing was continued until Stackpole's federal sentencing had been completed. On April 11, 2001, Stackpole was sentenced to an aggregate prison term of 150 months. (Dkt. Entry 10, Ex. 1, ¶ 16, Attach. E.) Additionally, the sentencing court recommended that the BOP designate Stackpole to the Mid State Correctional Institution in Wrightstown, New Jersey, so that the federal sentence may be run concurrently with Stackpole's New Jersey sentence. The sentencing judge, however, expressed no intention as to whether the federal sentence was to run from the date when Stackpole was taken into custody on the state charges, i.e., September 25, 1998.
Consistent with the sentencing court's recommendation, the BOP designated the State of New Jersey as Stackpole's place of incarceration for purposes of his federal sentence. On April 17, 2001, the Federal government filed a detainer with the state of New Jersey for Stackpole. He was returned to the New Jersey correctional facility on April 24, 2001.
On June 15, 2001, Stackpole was sentenced with regard to the second state charge. He received a five-year period of incarceration.
On June 20, 2003, Stackpole was discharged from his New Jersey sentence. Later the same day, he was released to federal custody pursuant to the federal detainer filed on April 17, 2001. (Dkt. Entry 10, Ex. 1, ¶ 22.) On July 17, 2003, he was designated by the BOP to the Federal Correctional Institution in Fort Dix, New Jersey.
On March 1, 2007, Stackpole filed the instant petition for writ of habeas corpus. He argues that the BOP improperly calculated his federal sentence in accordance with governing law and BOP policy, and that pursuant to Ruggiano v. Reish, 307 F.3d 121, 126 (3d Cir. 2002), he is entitled to have his current 150 month federal sentence run fully (retroactively) concurrent to the state sentence he was serving -- adjusting his federal sentence for the ...