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Smith v. United States

United States District Court, M.D. Pennsylvania

October 28, 2019

TERRANCE SMITH, Petitioner
v.
UNITED STATES OF AMERICA, Respondent

          MEMORANDUM

          Christopher C. Conner, Chief Judge

         Presently pending before the court is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 filed by petitioner Terrance Smith (“Smith”), an inmate confined at the Canaan United States Penitentiary, in Waymart, Pennsylvania (“USP-Canaan”). (Doc. 1). Smith claims that the Federal Bureau of Prisons (“BOP”) miscalculated his federal sentence by failing to credit his time spent in state custody. (Id.) The petition is ripe for disposition and, for the reasons set forth below, the court will deny the petition.

         I. Background

         On January 28, 2017, Smith was arrested for illegal possession of a firearm in violation of New Jersey state law and detained in the Hudson County Correctional Facility. (See United States v. Smith, Criminal Docket No. 2:17-cr-116-1, at Doc. 23). He was also arrested on an outstanding warrant for a contempt violation of a judicial domestic violence order in another pending case. (Id.)

         On March 30, 2017, the United States District Court for the District of New Jersey received an indictment charging Smith with possession of a firearm by a convicted felon, in violation of Title 18 U.S.C. § 922(g). (Doc. 11-1, at 11, Declaration of Bryan Erickson (“Erickson Decl.”), ¶ 3; Doc. 11-1, at 20-21, Indictment).

         On April 5, 2017, Smith was sentenced in the Jersey City Municipal Court to a six (6) month term of imprisonment with credit for twenty-nine (29) days, for a contempt violation of a judicial domestic violence order. (Doc. 11-1, at 42).

         On April 13, 2017, while remaining in state custody, Smith was borrowed from the State of New Jersey pursuant to a federal a writ of habeas corpus ad prosequendum and arrested based on the federal indictment. (See Doc. 11-1, at 24-27). Smith initially appeared in federal court on April 13, 2017 and entered a plea of not guilty. (Id.) He was returned to state custody on the same date and a detainer was filed by the United States Marshals. (Id.)

         Also on April 13, 2017, the Superior Court of New Jersey, Hudson County, Jersey City, New Jersey dismissed their charges in lieu of federal prosecution. (Doc. 11-1, at 40).

         On April 19, 2017, while still in state custody, Smith was again borrowed from the State of New Jersey pursuant to a federal a writ of habeas corpus ad prosequendum for arraignment on the federal indictment. (Doc. 11-1, at 26-27). He was returned to state custody on that same date. (Id.)

         On June 13, 2017, Smith was sentenced in the Secaucus Municipal Court to a time-served sentence, credited from the date of arrest on January 28, 2017, for criminal mischief and trespass. (Doc. 11-1, at 42).

         On June 14, 2017, while still in state custody, Smith was again borrowed from the State of New Jersey pursuant to a federal a writ of habeas corpus ad prosequendum for a plea hearing. (Doc. 11-1, at 26-27). On June 14, 2017, Smith entered a guilty plea. (Id.) He was returned to state custody on that same date. (Id.)

         On June 15, 2017, Smith was sentenced in the Jersey City Municipal Court to a ninety (90) day term of imprisonment with credit for ninety (90) days, for driving while intoxicated. (Doc. 11, at 5).

         On August 9, 2017, Smith completed his New Jersey state sentences and was released to exclusive federal custody on the previously filed detainer. (Doc. 11-1, at 42).

         On November 14, 2017, Smith was sentenced in the United States District Court for the District of New Jersey to a fifty-seven (57) month term of imprisonment for possession of a firearm by a convicted felon in violation of Title 18 U.S.C. § 922(g)(1). (Doc. 11-1, at 32-37, United ...


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