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Hardimon v. Sauers

United States District Court, Middle District of Pennsylvania

January 20, 2015



Matthew W. Brann United States District Judge


This pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 was filed by Desmond Hardimon, an inmate presently confined at the Allenwood Low Security Correctional Institution, White Deer, Pennsylvania (LSCI-Allenwood). L SCI-Allen wood Warden Delbert Sauers is named as Respondent. Following service of the petition, a response was timely filed by Respondent. See Doc, 7. Petitioner thereafter submitted a reply. See Doc. 8.

Hardimon states that he is presently serving a federal sentence which was imposed by the United States District Court for the Northern District of Indiana. Petitioner's present action does not challenge the legality of his federal guilty plea or the sentence imposed. Rather, Hardimon claims entitlement to federal habeas corpus relief on the grounds that the Federal Bureau of Prisons (BOP) has failed to properly credit his federal sentence with time spent in confinement prior to sentencing. Petitioner asserts that his sentence should be credited as having commenced on May 30, 2007, or at the very least he should be given credit for time spent confined from June 6, 2007. to June 6, 2008. See Doc. 1, ¶12.

Specifically, Petitioner states while serving a state sentence in the State of Illinois, he was transferred to federal custody on May 10, 2007 pursuant to a writ of habeas corpus ad prosequendum. See Doc. 2, p. 1. According to Hardimon, he was subsequently arraigned in federal court on May 31, 2007 and later pled guilty to a federal offense and was sentenced to a 240 month term of imprisonment on July 30, 2008.[1] The Petitioner maintains that he was not returned to state custody and that his state sentence continued to run until June 6, 2007 when he was granted parole. Hardimon adds that he was released from state parole while still in federal custody on June 6, 2008.

Respondent contends that Petitioner's sentence has been calculated as commencing on July 30, 2008 (the date of his federal sentencing) and he has received sentence credit from June 7, 2008 (the date after Petitioner was paroled from his state sentence) thru July 29, 2008 (the day before Hardimon's federal sentence began).[2] See Doc. 7, p. 3.


Title 28, United States Code § 2241, vests the federal district courts with jurisdiction to grant a writ of habeas corpus to persons in custody in violation of the Constitution, laws, or treaties of the United States. 28 U.S.C. § 2241(c)(3). Habeas corpus review under § 2241 "allows a federal prisoner to challenge the 'execution' of his sentence." Woodall v. Federal Bureau of Prisons. 432 F.3d 235, 241 (3d Cir. 2005). Review is available '"where the deprivation of rights is such that it necessarily impacts the fact or length of detention." Learner v. Fauyer, 288 F.3d 532, 540 (3d Cir. 2002).

Based upon the nature of Hardimon's pending claim that he has not provided with proper credit for time served against his federal criminal sentence, this matter is properly brought under § 2241. Second, as noted earlier there is no contention by Respondent that Petitioner has not exhausted his administrative remedies or that his action was untimely filed. Accordingly, the merits of Petitioner's claims will be addressed.

The parties concur that Petitioner was arrested by local law enforcement officials in Illinois on April 24, 2006 on a state drug related charge. He was convicted in state court and was sentenced on November 28, 2006 to a four tear term of imprisonment. It is undisputed that on May 31, 2007, while serving his state sentence, Petitioner was temporarily transferred into federal custody pursuant to a writ of habeas corpus ad prosequendum. While still on the federal writ Hardimon was paroled from state custody.

Hardimon's federal sentence clearly commenced on July 30, 2008, the date it was imposed. See United States v. Pungitore, 910 F.2d 1084, 1118-19 (3d Cir. 1990)(a federal sentence generally does not commence until the Attorney General of the United States receives the defendant into custody for service of his or her sentence.).

It is initially noted that Petitioner contends that he was paroled from his state sentence on June 6, 2007. However, he has not provided the Court with any evidence to support that argument. On the contrary, Respondent has submitted a copy of a report from the Illinois Department of Corrections Offender tracking system which clearly provides that Hardimon was granted parole from his state sentence on June 6, 2008. See Doc. 7-2, p. 9. Based upon the undisputed evidence submitted by Respondent his Court will accept June 6, 2008 as the date of Petitioner's parole from state custody.

Ad prosequendum writs do not constitute a transfer to federal custody. United States v. Vega, 493 F.3d 310, 314 (3d Cir. 2007). A prisoner is only entitled to credit against his federal sentence for a period of time spent in federal detention pursuant to a writ of habeas corpus ad prosequendum "unless and until the first sovereign relinquishes jurisdiction over the prisoner." Rios v. Wiley, 201 F.3d 257, 274 (3d Cir. 2000). Petitioner has not provided any evidence showing that the State of Illinois relinquished jurisdiction. Furthermore, Hardimon acknowledges that spent in federal detention while on the writ was credited towards service of his state sentence thus indicating that there was no relinquishment by the state.

Furthermore, since the amount of time encompassed by the writ of habeas corpus ad prosequendum was credited towards service of Petitioner's state sentence, thus, precluding any entitlement to federal sentence credit under Rios. See Graham v. Zickefoose, 2013 WL 1786332 *5(D.N.J. April 25, 2013) (BOP cannot grant credit "against a federal sentence for time that has been credited against defendant's state sentence, ...

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