The opinion of the court was delivered by: Chief Judge Kane
Before the Court is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 filed by Rasheen Johnson, an inmate currently confined at the United States Penitentiary at Lewisburg, Pennsylvania. In the petition, Johnson maintains that the Bureau of Prisons ("BOP") has failed to credit his federal sentence for time spent in a federal detention center between January 13, 2003, and December 18, 2003. The petition has been briefed, and is ripe for disposition. For the reasons that follow, the petition will be denied.
Petitioner was arrested on September 15, 2001, by the St. Louis, Missouri Police Department for Unlawful Use of a Firearm. On September 17, 2001, he was released on bond from the custody of Missouri authorities, and the state firearms charge was nolle prosed. (Doc. No. 8, Resp., Ex. 1, Hazelton Decl. ¶¶ 5, 6.) On October 17, 2001, Petitioner was arrested by state authorities on a parole violation warrant issued by the Missouri Department of Probation and Parole, and was taken into state custody as a result of this violation.*fn1 (Id. at ¶ 7.)
On January 10, 2002, Petitioner was indicted in the United States District Court for the Eastern District of Missouri for the federal offense of Felon in Possession of a Firearm. (Doc. No. 1, Hazelton Decl., Attach. D.) On January 8, 2003, he was transferred from the custody of the Missouri Department of Corrections to the custody of the United States Marshals Service pursuant to a writ of habeas corpus ad prosequendum for proceedings on the federal charge. (Id., Attach. C.) On October 2, 2003, Petitioner was found guilty of the federal firearms charge, and thereafter sentenced on December 18, 2003, to ninety (90) months incarceration for violating 18 U.S.C. § 922(g)(1), Felon in Possession of a Firearm. (Id., Attach, D.) The federal sentencing court recommended that Petitioner's sentence commence immediately, meaning that the federal sentence would run concurrently with his Missouri state parole violator term. (Id.) Further, the Missouri Department of Corrections was designated the place of Petitioner's confinement for the purpose of his federal sentence. (Id., Attachs. D, G.)
On January 14, 2004, Petitioner was returned to the custody of the Missouri Department of Corrections in satisfaction of the writ of habeas corpus ad prosequendum. He remained in state custody until he was re-released on parole to federal custody on June 1, 2004. (Doc. No. 8, Hazelton Decl. ¶7, Ex. B.) On June 25, 2004, Petitioner was taken into custody by the United States Marshal, and thereafter released into the custody of the BOP. He was thereafter redesignated by the BOP to the Federal Correctional Institution in Greenville, Illinois.
Petitioner filed the instant habeas corpus petition on November 3, 2008. In the petition, he seeks credit toward his federal sentence for the period from January 13, 2003, through December 17, 2003.
The Attorney General has delegated to the Bureau of Prisons the authority to compute federal sentences for offenses committed on or after November 1, 1987. See 18 U.S.C. § 3585; 28 C.F.R. § 0.96 (1992); United States v. Wilson, 503 U.S. 329, 334-35 (1992); United States v. Brann, 990 F.2d 98, 103-04 (3d Cir. 1993). Computation of a federal sentence is governed by 18 U.S.C. § 3585, and is comprised of two factors: (1) the date on which the federal sentence commences, and (2) the extent to which credit may be awarded for time spent in custody prior to the commencement of the sentence.
Section 3585 provides as follows:
(a) Commencement of sentence.-A sentence to a term of imprisonment commences on the date the defendant is received in custody awaiting transportation to, or arrives voluntarily to commence service of sentence at, the official detention facility at which the sentence is to be served.
(b) Credit for prior custody.-A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences-(1) as a result of the offense for which the sentence was imposed; or
(2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed; that has ...