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 Dedric Hayes ("Hayes"), an inmate currently incarcerated at the United States Penitentiary at Allenwood, Pennsylvania. Hayes is challenging the Federal Bureau of Prisons' ("BOP") calculation of his federal sentence. The petition was served, and a response has been filed thereto. Hayes has not submitted a traverse. The petition is now ripe for disposition and, for the reasons that follow, will be denied.
On February 26, 2003, Hayes was arrested by authorities in Pennsylvania and charged with Fleeing or Attempting to Elude Police and with violating the conditions of probation. (Doc. No. 12-1, Ex. A, Farr Decl. ¶ 7; Attach. A.) Following his arrest, he was placed in the Franklin County Jail, Pennsylvania. The State had primary jurisdiction over Hayes.
On March 19, 2003, Hayes was turned over to the custody of Drug Enforcement Agents, although the method of transfer is not clear. (Id. ¶ 8.) There is no evidence to indicate that the United States Marshals requested Hayes' presence in federal court via a writ of habeas corpus.
On June 11, 2003, Hayes appeared in the Franklin County Court of Common Pleas, Pennsylvania. He was sentenced at that time to a prison term of 21 to 84 months for Aggravated Assault and Criminal Conspiracy. The court specifically stated that it had no objection to the federal sentence running concurrent. (Id. ¶ 9; Ex. A, Attach. 4.)
On October 31, 2003, Hayes again appeared in the Franklin County Court of Common Pleas where he was sentenced in another state criminal action to a prison term of 3 to 24 months for Recklessly Endangering Another Person, Possession of Small Amount [of marijuana], and Driving Under Suspension. The sentence was ordered to commence on the expiration of the state sentence imposed on June 11, 2003. It was further ordered that the sentence shall be served concurrently with any federal sentence yet to be imposed on pending charges. (Id. ¶ 10; Ex. A, Attach. 5.)
On March 25, 2004, Hayes was sentenced in the United States District Court for the Middle District of Pennsylvania to a term of 176 months for Distribution and Possession with Intent to Distribute Crack Cocaine. He was then remanded to the custody of the United States Marshals. (Id. ¶ 11; Ex. A, Attach. 6.) On April 7, 2004, he was designated to USP-Allenwood for service of the federal 176 month sentence. (Id. ¶ 12, Ex. A, Attach. 7.) He arrived at USPAllenwood on April 9, 2004.
On May 19, 2004, in calculating Hayes' sentence computation, USP-Allenwood staff became aware that Hayes had originally been arrested by non-federal authorities. They contacted Pennsylvania state officials to verify this information. It was agreed by BOP officials and the Franklin County District Attorney that Hayes should be a state inmate, and should be returned to state custody. He was returned to state custody on May 19, 2004, the same day. (Doc. No. 12-1, Farr Decl. ¶ 15; Ex. A, Attach. 8.)
On July 6, 2004, Hayes was remanded to the custody of the Pennsylvania Department of Corrections for service of his state sentence. (Id. ¶16; Ex. A, Attach. 10.) His sentence computation was prepared and showed that he had a total sentence of 2-9 years to be served. His sentence was calculated to commence on June 11, 2003, with no credit given for any time spent in custody prior to sentencing. (Id.)
Hayes was paroled from his state sentence to the custody of the United States Marshals on July 26, 2005. On September 29, 2005, he was delivered to the BOP for service of his 176-month federal sentence. (Id. ¶ 17, Ex. A, Attach. 10 at 1.) A sentence computation was prepared which revealed that Hayes' federal sentence commenced on July 26, 2005, the date he was paroled from his Pennsylvania state sentence. Hayes received prior custody credit from February 26, 2003 (the date he was arrested by Pennsylvania authorities) through June 10, 2003 (the day before he was sentenced in the Franklin County Court on the aggravated assault charges). (Id. ¶ 19; Ex. A, Attach. 11.)
On November 29, 2006, the Judgment and Commitment order was amended with respect to Hayes' federal conviction/sentence in the United States District Court for the Middle District of Pennsylvania. The amendment read as follows: "The court makes the following recommendations to the Bureau of Prisons: that the BOP give the defendant credit for time served in Federal Custody beginning on March 20, 2003"). (Id. ¶ 20; Ex. A, Attach. 12.) The federal judgment that was originally issued in the federal case on March 25, 2004 was silent with respect to how the federal sentence was to run. 18 U.S.C. § 3584(a) provides that "multiple terms of imprisonment imposed at different times run consecutively unless the court orders the terms are to run concurrently." Because the federal court did not order Hayes' sentence to be run concurrent to any other sentence, the November 29, 2006 recommendation was ultimately not followed by the BOP. On August 5, 2010, the United States District Court for the Middle District of Pennsylvania issued an order granting a motion filed by Hayes for sentence reduction pursuant to 18 U.S.C. § 3582(c)(2), and reducing his term of imprisonment from 176 to 141 months. (Id. ¶ 23, Ex. A, Attach. 13.)
Following the filing of the instant habeas petition, the Designation and Sentence Computation Center conducted a review of Hayes' sentencing documentation with respect to his state and federal sentences on December 6, 2010. Following this review, Hayes' federal sentence computation was adjusted to commence on March 25, 2004 (the date that it was imposed) based on the federal court's recommendation of November 29, 2006. (Id. ¶ 26; Ex. A, Attach. 14 at 2.) No change was made with respect to the award of prior custody. Hayes is currently scheduled to be released via good conduct time on March 6, 2014. In the instant petition, Hayes seeks additional credit ...