United States District Court, M.D. Pennsylvania
REPORT AND RECOMMENDATION
F. SAPORITO, JR. UNITED STATES MAGISTRATE JUDGE
proceeding was initiated by a petition for a writ of habeas
corpus submitted pursuant to 28 U.S.C. § 2241, signed
and dated by the pro se petitioner, Kevin Scott
Rucker, on March 13, 2017. (Doc. 1.) At the time of filing,
Rucker was incarcerated at FCI Allenwood Medium, which is
located in Union County, Pennsylvania.
March 26, 2014, Rucker was arrested and charged by state
authorities with the felony offense of fleeing police, along
with several related misdemeanor and traffic offenses, in the
Court of Common Pleas of Allegheny County, Pennsylvania.
Commonwealth v. Rucker, Docket No.
CP-02-CR-0006381-2015 (Allegheny Cty. (Pa.) C.C.P.). At the
time of his arrest on these state charges, Rucker was also
the subject of a federal arrest warrant. Following his arrest
by state authorities, federal authorities lodged a detainer
based on this federal arrest warrant. While in state custody,
Rucker was held as a pre-trial detainee at the Allegheny
County Jail until his state sentencing.
federal arrest warrant for Rucker had been issued in
connection with a May 2013 indictment charging him with the
federal offense of conspiracy to distribute and possess with
intent to distribute 100 grams or more of heroin. United
States v. Rucker, No. 13-CR-157(2) (W.D. Pa.). On April
28, 2014, Rucker was temporarily borrowed from the primary
custody of Pennsylvania authorities pursuant to a writ of
habeas corpus ad prosequendum so he could appear to
answer the federal charges before the United States District
Court for the Western District of Pennsylvania. While in
temporary federal custody, Rucker was held at the Butler
County Jail. On March 23, 2015, following a guilty plea,
Rucker was sentenced on the federal drug charge to serve a
term of 87 months in prison. He was then returned to state
custody and to Allegheny County Jail. Rucker's federal
judgment of conviction was lodged as a detainer with the
Pennsylvania Department of Corrections.
28, 2015, following a guilty plea, Rucker was sentenced on
his state charges to serve a term of 1 to 2 years in prison.
He was transferred into the custody of the Pennsylvania
Department of Corrections and incarcerated at SCI Camp Hill.
On September 23, 2015, pursuant to a consent motion to modify
his sentence nunc pro tunc, Rucker was re-sentenced
on the state charges to serve a minimum prison term of one
year less one day, with a maximum prison term of two years
less two days, to be served concurrently with his federal
sentence. Rucker was given 546 days credit toward his state
sentence for his pre-trial and pre-sentencing detention from
March 27, 2014, through September 23, 2015. That same day, he
was paroled into federal custody so that he could begin
serving that sentence as well.
October 16, 2015, Rucker was received into the custody of the
United States Bureau of Prisons (“BOP”). The BOP
computed Rucker's 87-month sentence as commencing on
October 16, 2015, the date he was received into BOP custody.
The BOP gave Rucker 23 days of jail credit toward service of
his federal sentence-22 days for the period beginning on
September 24, 2015,  and ending on October 15, 2015,
plus an additional day for the date of his arrest, March 26,
2014, which was not credited toward his state sentence for
reasons that are unclear. Rucker was not given credit for the
546-day period already credited toward service of his state
sentence-March 27, 2014, through September 23, 2015.
submitted the instant § 2241 petition challenging the
computation of his federal sentence. Rucker contends that,
pursuant to the language used by the state sentencing judge
in his amended judgment of conviction, he should be given
credit for the additional 546 days he spent in state custody
so as to give effect to the state court's determination
that the state and federal sentences should run concurrently.
The respondent has filed an answer to the petition, and the
petitioner has filed a reply. (Doc. 6; Doc. 7.)
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 our evaluation of the
a. 18 U.S.C. § 3584(a), which governs a federal
sentencing court's authority to order that a federal
sentence be served concurrently with a state sentence;
b. 18 U.S.C. § 3621(b), which governs the BOP's
authority to designate a state prison as a place of
confinement for service of a federal sentence;
c. 18 U.S.C. § 3585(a), which governs the date upon
which a federal sentence commences; and
d. 18 U.S.C § 3585(b), which governs the amount of prior
custody credit, or pre-commencement credit, that an ...