The opinion of the court was delivered by: Judge Conner
Presently before the court is a petition for writ of habeas corpus (Doc. 1) pursuant to 28 U.S.C. § 2241, in which George Rodgers, Jr. ("petitioner") alleges that the Federal Bureau of Prisons ("BOP") incorrectly computed his federal sentence. The petition will be granted and the BOP will be directed to recompute petitioner's sentence as outlined below.
On January 14, 2004, petitioner was sentenced in the Superior Court of New Jersey to five years imprisonment for possession with intent to distribute cocaine. (Doc. 9-2, at 24.) On July 2, 2004, he was sentenced in the Superior Court of New Jersey to seven years imprisonment for burglary and criminal attempt/theft of property. (Id. at 23)
On December 8, 2004, while serving his New Jersey sentences, he pled guilty to two counts of bank robbery in violation of 18 U.S.C. § 2113(a) in the United States District Court for the District of New Jersey. (Id. at 42.) During the sentencing hearing, it was determined that the appropriate guideline range was 151 to 188 months. The following exchange took place during imposition of the sentence:
THE COURT: I'm going to impose 180 months. I will provide that he serve a sentence beginning at the state facility where he is now which would essentially mean it is concurrent to the state sentence that he is serving.
I haven't heard any position, by the way, by the government with regard to giving him any credit for the time served since July 26. Is the government taking a position in that connection?
MR CHILLEMI: We're taking no position, your honor.
THE COURT: I will provide him with credit since July 26th, 2004. He obviously would have been detained on this offense had he not been in state custody and I will give him the credit for that which is apparently eight months at this point....
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of 180 months on each count to be served concurrently.
The Court recommends that the Bureau of Prisons designate Riverfront State Prison to be the place of service of this sentence, thereby making this sentence concurrent with the defendant's imprisonment pursuant to the judgment in Docket Number 03-05-1735 and 04-03-1175.
I will also provide in there that the Bureau of Prisons give him credit for the time being served in state custody since July 26, 2004. (Doc. 9-3, at 31-33.) The "Judgment in a Criminal Case" reflects the total term of imprisonment of "180 months, on each count one and two, to be served concurrently" and includes the following recommendation:
The Court recommends that the BOP designate Riverfront State Prison to be the place of service of this sentence, thereby making this sentence concurrent with the defendant's imprisonment pursuant to the judgment in docket numbers 03-05-1735 and 04-03-1175. The Court recommends that the defendant be given credit for time served in State custody since July 26, 2004. (Doc. 9-2, at 43.)
At the conclusion of his sentencing hearing, petitioner was returned to the custody of the State of New Jersey. He was released from the state charges on June 10, 2008, at which time federal authorities assumed primary custody. He received prior custody credit pursuant to 18 U.S.C. § 3585(b) for three days, January 2, 2004, January 12, 2004, and January 13, 2004, none of which were applied to his state court sentence. (Doc. 9-2, Declaration of J.R. Johnson ("Johnson Decl.") ...