The opinion of the court was delivered by: Magistrate Judge Susan Paradise Baxter
Pending before the Court is Petitioner Shonta McPherson's petition for a writ of habeas corpus, which he has filed pursuant to 28 U.S.C. § 2241. For the reasons set forth below, the Court will deny the petition.
Petitioner is challenging the Bureau of Prisons' (the "Bureau's" or the "BOP's") computation of his federal sentence. He claims that he is entitled to additional sentencing credit pursuant to Kayfez v. Gasele, 993 F.2d 1288 (7th Cir. 1993). As relief, he seeks credit against his federal sentence for time spent in state custody from April 6, 2004 to November 29, 2005. [ECF No. 7 at 5-6].
On July 30, 2003, Petitioner was arrested in Connecticut by New Haven Police and charged with Sale of Narcotics. On April 6, 2004, the New Haven Superior Court sentenced him in Case No. N23NCR03-0019647-S to 8 years' imprisonment with 54 months to serve.
In a subsequent federal criminal case, Petitioner pleaded guilty in the U.S. District Court for the District of Connecticut to Conspiracy to Possess more than 50 Grams of a Mixture and Substance Containing a Detectable Amount of Cocaine Base, in violation of 21 U.S.C. § 846, for an offense deemed to have concluded on April 20, 2004. On November 29, 2005, that court sentenced him as follows:
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total of 150 months on count one to be served concurrent with [the] term the defendant is presently serving on his state sentence. (Resp's Ex. 2b). Following his federal sentencing, the United States Marshals Service ("USMS") returned him to the state authorities in satisfaction of the federal writ.
The state released Petitioner to a federal detainer on October 3, 2008. The BOP has calculated his federal sentence to have commenced pursuant to 18 U.S.C. § 3585(a) on the date it was imposed (November 29, 2005). It has also determined that, pursuant to 18 U.S.C. § 3585(b), he is not entitled to any sentencing credit for the time he spent in official detention prior to the date his federal sentence commenced because he received credit for that time against his state sentence. Assuming that he receives all good conduct time available to him, his projected release date is February 17, 2017. (Resp's Ex. 1a).
Petitioner challenged the BOP's calculation of his federal sentence through its administrative review procedure. (Resp's Ex. 1b). He did not receive the relief he sought. Thereafter, he commenced this proceeding by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 [ECF No. 7], to which Respondent has filed an Answer [ECF No. 12], which was supplemented on July 12, 2012. [ECF Nos. 14, 15].
A federal habeas court may only extend a writ of habeas corpus to a federal inmate if he demonstrates that "[h]e is in custody in violation of the Constitution or laws of the United States[.]" 28 U.S.C. § 2241(c)(3). The following statutes are relevant to the evaluation of the petition: 18 U.S.C. § 3585(a), which governs the date upon which a federal sentence commences; and, 18 U.S.C. § 3585(b), which governs the amount of sentencing credit that an inmate may receive for time served in official detention prior to the commencement of his federal sentence. The BOP's policies regarding sentence computation are set forth in Program Statement 5880.28, Sentence Computation Manual ("PS 5880.28"). Also relevant to this case is Program Statement 5160.05, Designation of State Institution for Service of Federal Sentence ("PS 5160.05").*fn2
1. Calculation of the date upon which a federal sentence commences under 18 ...