United States District Court, M.D. Pennsylvania
RICHARD P. CONABOY, UNITED STATES DISTRICT JUDGE
Smith, an inmate confined at the Allenwood United States
Penitentiary, White Deer, Pennsylvania (USP-Allenwood), filed
this pro se petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241. Named as Respondent is the
USP-Allenwood Warden. Service of the petition was previously
states that he was arrested in the State of Maryland on
February 17, 2010. On February 26, 2010, Smith was sentenced
to a five (5) year term of incarceration by a Maryland state
court for possession of marijuana. The pending petition
indicates that additional state charges against were nolle
prossed in favor of federal prosecution.
asserts that after he began serving his state sentence on
April 30, 2010, he was transferred to federal custody for
brief periods of time during the subsequent months.
November 17, 2010, Petitioner entered a guilty plea to a
charge of possession of a firearm by a convicted felon in the
United States District Court for the District of Maryland. On
March 21, 2011, Smith was sentenced in federal court to an
aggregate 89 month term of imprisonment with credit for time
served commencing February 17, 2010.
present action does not challenge the legality of either his
state or federal convictions. Rather, Petitioner contends
that the Bureau of Prisons (BOP) acted improperly by seeking
the issuance of an amended federal sentence because it
concluded that Petitioner was afforded an excessive amount of
pretrial sentence credit. See Doc. 1-1, p. 1.
Pursuant to that request, the District of Maryland issued an
amended sentencing judgment which reduced the pretrial
sentence credit Smith was originally awarded. As a result,
Petitioner maintains that he is improperly being required to
spend an additional 464 days in prison.
counters that since the time spent by Petitioner in state
custody was credited towards service of his state sentence,
Smith is not entitled to double credit for that period of
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.” Leamer v. Fauver, 288 F.3d 532,
540 (3d Cir. 2002).
habeas relief is available only “where the deprivation
of rights is such that it necessarily impacts the fact or
length of detention.” Leamer v. Fauver, 288
F.3d 532, 540 (3d Cir. 2002). Since Petitioner is alleging
that the BOP failed to properly calculate his federal
sentence, this matter is properly asserted under § 2241.
It is also noted that there is no contention by Respondent
that Petitioner has not exhausted his administrative remedies
or that his action was untimely filed.
to undisputed exhibits provided by both Petitioner (Doc. 1-1)
and the Respondent, on March 2, 2007, Petitioner was granted
supervised release from service of a 36 month term imposed by
the District of Maryland following his conviction for being a
felon in possession of a firearm. Smith's supervised
release was revoked three separate times over the next few
years. On August 3, 2009, Smith was released from federal
custody and placed on supervised release for a two year
February 17, 2010, Petitioner was arrested by state
authorities in Montgomery County, Maryland on multiple
charges including armed robbery, kidnaping, and assault. The
charges were eventually nolle prossed in favor of federal
unrelated case, Petitioner was sentenced On February 26, 2010
by a Prince George's County, Maryland state court to a
five (5) year term of imprisonment (all but three years
suspended and with credit for 123 days) on a ...