United States District Court, M.D. Pennsylvania
DAVID R. JOHNSON, Petitioner
Warden DAVID J. EBBERT, Respondent
William J. Nealon United States District Judge.
R. Johnson, an inmate formerly confined in the Canaan United
States Penitentiary, Waymart, Pennsylvania,
("USP-Canaan"), filed this pro se petition
for writ of habeas corpus pursuant to 28 U.S.C. §
challenges the Bureau of Prisons' ("BOP")
calculation of his federal sentence. (Doc. 1, petition).
Specifically, he seeks "credit for time spent 'in
custody' from 11-25-1997 up and to 12-15-1999",
which was the time "Petitioner was held over at Oak Hill
juvenile jail." Id. A response and traverse
having been filed, the petition is ripe for disposition. For
the reasons set forth below, the petition will be denied.
November 25, 1997, Johnson was arrested as a juvenile on
multiple charges and held at the Oak Hill Youth Detention
Center. (Doc. 1, at 3).
December 15,1999, Johnson was indicted in the District of
Columbia's Superior Court and committed to the Central
Detention Center for adults on charges of possession of a
firearm during the commission of a crime of violence,
carrying a pistol without a license, and second degree
murder. (Doc. 16-1 at 9, Inmate Record). Although the Bureau
of Prisons' records indicate the date of this offense to
be July 4, 1996, (see Doc. 16-1 at 8), the Bureau of Prisons
was unable to obtain any documentation from the District of
Columbia Superior Court in order to determine whether
Johnson's time in juvenile detention was related to these
charges. (§££ Doc. 16-1 at 2, Declaration of
Grace Woods-Coleman at ¶ 9).
January 10, 2002, Johnson was charged with manslaughter.
(Doc. 16-1 at 9, Inmate Record). Bureau of Prisons'
records indicate the date of this offense to be June 9, 1997.
14. The Bureau of Prisons was unable to obtain any
documentation from the District of Columbia Superior Court in
order to determine whether Johnson's time in juvenile
detention was related to these charges. (Doc. 16-1 at 2,
Woods-Coleman Decl. at ¶ 9).
December 11, 2002, Johnson was sentenced to a twenty-five
(25) year to life term of imprisonment, after being found
guilty of the charges of possession of a firearm during the
commission of a crime of violence, carrying a pistol without
a license, and murder II while armed. (Doc. 16-1 at 12,
Judgment in a Criminal Case). Johnson was awarded prior
custody credit for the period of time beginning on December
15,1999 (the date he was committed to the adult facility),
through December 10, 2002 (the date of sentencing). (Doc.
16-1 at 11, Custody and Detention Form for D.C. Superior
Court Prisoner dated 12/28/02).
25, 2003, Johnson was sentenced to a seven (7) to twenty-one
(21) years term of imprisonment after entering a plea of
guilty to manslaughter. (Doc. 16-1 at 13, Judgment in a
Criminal Case dated 6/25/03). The sentence was ordered to be
served concurrently with the 25 year to life term imposed on
December 11,2002. Id.
connection with the instant petition, prison officials at the
Bureau of Prisons' Designation and Sentence Computation
Center (DSCC) in Grand Prairie, Texas, obtained and reviewed
all of the materials connected with Johnson's sentences
imposed by the D.C. Superior Court on December 11, 2002 and
June 25, 2003, as well as all of the documentation related to
Johnson's request for custody credit. (See Doc.
16-1 at 1, Declaration of Grace Woods-Coleman, BOP Management
Analyst at the Designation and Sentence Computation Center at
Johnson's allegation that he is entitled to additional
custody credit dating back to his initial arrest as a
juvenile on November 25, 1997. (Doc. 1, petition). While
prison officials attempted to obtain further documentation
from the D.C. Superior Court to clarify Johnson's
allegations, they were unable to obtain any additional
documentation indicating that Johnson should receive the
requested credit. (Doc. 16-1 at 1, Woods-Coleman Declaration
at ¶ 9).
Order dated June 13, 2016, the Court directed Respondent to
again inquire into Petitioner's claim that his juvenile
custody was related to his federal sentence and, therefore,
should be credited with time spent in juvenile detention.
August 11, 2016 declaration, Grace Woods-Coleman, Management
Analyst at the Designation and Sentence Computation Center,
who conducted the review of Johnson's sentence
computation, provided the following supplemental information:
I previously obtained and reviewed all of the available
materials connected with Johnson's sentence imposed by
the District of Columbia, Superior Court on June 25, 2003, as
well as all the documentation related to his request for
custody credit for an additional period of time spent in
custody from November 25, 1997 through December 14,1999 and
concluded, based on the available information and existing