United States District Court, M.D. Pennsylvania
H. RAMBO United States District Judge
November 9, 2015, Petitioner Zehy Jereis, a federal prisoner
confined at the minimum security satellite camp of the United
States Penitentiary, Lewisburg, Pennsylvania, filed a
petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2241. Doc. 1. Jereis claimed that he was not given
credits for time served after entering a plea of guilty to a
criminal charge but prior to the sentence being imposed and
that good conduct time was improperly omitted from his
sentence calculation. Jereis paid the $5.00 filing fee.
petition was given preliminary screening pursuant to Rule 4
of the Rules Governing § 2254 Cases, 28 U.S.C. foll.
§ 2254, as made applicable to § 2241 cases by Rule
1 thereof,  and because it did not plainly appear from
the petition that Jereis was not entitled to relief the court
on November 30, 2015, directed that it be served on
Respondent. A response to the petition was filed on December
21, 2015. Petitioner filed a traverse on January 4, 2016. The
court on January 12, 2016, authorized the filing of sur-reply
brief and on that date one was filed. The petition is ripe
for disposition and for the reasons set forth below it will
17, 2011, an eleven-count, superseding Indictment was filed
in the United States District Court for the Southern District
of New York against Jereis and one other individuals,
charging them with several offenses, including conspiracy to
accept corrupt payments. United States v. Jereis,
1:10-cr-00007-CM-2 (S.D.N.Y. May 17, 2010), ECF No. 94
trial occurred in February and March, 2012, and on March 29,
2012, Jereis was found guilty of conspiracy to make corrupt
payments and the four other counts of which he was charged.
ECF Nos. 163, 199 and 220. On November 19, 2012, Jereis was
sentenced to a term of 48 months on each of the counts to be
served concurrently and he was ordered to surrender for
service of the sentence at the institution designated by the
Federal Bureau of Prisons before 2 p.m. on March 4, 2013. ECF
the interval between the date the sentence was imposed and
the date of surrender, Jereis was investigated for Aiding and
Assisting the Preparation of False Payroll Tax Returns and on
March 4, 2013, waived indictment by a grand jury and pled
guilty to an Information charging him with that offense.
United States v. Jereis, 1:13-cr-00146-ER-1
(S.D.N.Y. March 4, 2013), ECF Nos. 1, 2, 5 and 22. Jereis
after pleading guilty was released on his own recognizance in
order to surrender to the Lewisburg Satellite Prison Camp to
commence serving the 48-month sentence. ECF No. 3. A
presentence investigation was ordered and sentencing deferred
with respect to the offense of Aiding and Assisting the
Preparation of False Payroll Tax Returns pending the
completion of the presentence investigation. Unnumbered ECF
docket annotation (March 4, 2013).
March 21, 2013, the Federal Bureau of Prisons with respect to
the 48-month sentence set Jereis' home detention
eligibility at April 3, 2016, and his release date as August
26, 2016. Doc. 1-2, Exhibit B attached to Jereis' Habeas
October 2, 2015, Jereis was sentenced by Judge Ramos on the
payroll tax charge to 15 months imprisonment, five months to
be served concurrently with his previous sentence of 48
months and 10 months consecutive. United States v.
Jereis, 1:13-cr-00146-ER-1 (S.D.N.Y.) ECF Nos. 23 and
review of the transcript of the sentencing reveals that the
following exchanges occurred between Judge Ramos, counsel for
Jereis and the assistant United States attorney:
The court: . . . Does counsel know of any legal reason, other
than what was already argued that the sentence should not be
imposed as stated?
Ms. Schwartz Frome [counsel for Jereis]: Your Honor, Mr.
Jereis served seven months of the sentence. He surrendered on
March 4, and your Honor had his bail status remanded so that
he was obtaining credit for the sentence during the time that
he was serving. So I don't know whether that effects -
Mr. Halperin [AUSA]: He served seven months on the crimes for
which he was convicted before Judge McMahon. March 4 was his
surrender date. If the Court remembers, the Court took the
plea in the morning, Mr. Jereis drove himself to Pennsylvania
and surrendered, which was scheduled before the plea even
I don't see what relevance that has to the calculation
that counsel raised with the Court.
Ms. Schwartz Frome: Because your Honor then had his bail
changed from ROR to remanded, so once he was remanded he
commenced to ...