On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Civil Action No. 10-00141) District Judge: Honorable Richard P. Conaboy
Submitted Pursuant to Third Circuit LAR 34.1(a)
Before: RENDELL, FUENTES and SMITH, Circuit Judges
George William Blood, a prisoner incarcerated at the Federal Prison Camp in Lewisburg, Pennsylvania, appeals pro se from the District Court‟s denial of his habeas petition. Blood contends that the federal Bureau of Prisons ("BOP") miscalculated the aggregate term for his two federal sentences and failed to award him credit due under 18 U.S.C. § 3585(b). For the following reasons, we will affirm.
On February 9, 2004, Blood reported to the Federal Prison Camp in Lewisburg to serve a 60-month term of imprisonment imposed by the Middle District of Tennessee on two convictions for possession of forged securities. While serving that sentence, he was charged and convicted of unrelated offenses in the District of Delaware. Before the Delaware court could sentence Blood, the United States Court of Appeals for the Sixth Circuit vacated his Tennessee sentence in light of United States v. Booker, 543 U.S. 220 (2005). See United States v. Blood, 435 F.3d 612, 616 (6th Cir. 2006).
At a March 13, 2006 sentencing hearing on the Delaware convictions, the Delaware court stated:
I recognize that by circumstances that are entirely fortuitous . . . not in my control, your sentence in the Middle District of Tennessee has been vacated and that case has been remanded for resentencing. So the time you served to date will be credited to this conviction, so whatever I give you, you have already served a couple years on and it will be to up to a judge [in Tennessee] to decide whether or not the sentence you receive for [your Tennessee convictions] is to be consecutive to the sentence that I give or concurrent with it.
(Habeas Pet. Ex. G-3.) The Delaware court then imposed a sentence of 78 months of imprisonment. On August 14, 2006, the Tennessee court resentenced Blood to 51 months of imprisonment to be served concurrently with his Delaware sentence.
After his Tennessee sentence was imposed, the BOP calculated Blood‟s total term of incarceration. It considered the Tennessee sentence to have commenced on February 9, 2004 -- the date Blood began serving on the original, vacated Tennessee sentence -- and the Delaware sentence to have commenced on the day it was imposed, March 13, 2006. The BOP then aggregated the two sentences such that only about half of the Tennessee sentence overlapped with the Delaware sentence, resulting in a combined total term of 103 months and 4 days. In other words, the BOP considered the 25 months and 4 days that Blood served prior to the imposition of the Delaware sentence to count solely toward the Tennessee sentence. After crediting him for seven days spent in custody after his initial Tennessee arrest, the BOP calculated Blood‟s full term date to be September 5, 2012. His projected release date with good time credit is July 29, 2011.
After exhausting his administrative remedies, Blood filed a habeas petition in the District Court, pursuant to 28 U.S.C. § 2241. He argued that the BOP failed to credit the 25 months and 11 days he served pursuant to his vacated Tennessee sentence (the "disputed time")*fn1 toward his Delaware sentence. According to Blood, if the BOP had calculated his sentence correctly, he would have been released well over a year ago after accounting for good time credit. The case was referred to a Magistrate Judge who recommended denying the petition. Blood ...