United States District Court, M.D. Pennsylvania
RICHARD CAPUTO UNITED STATES DISTRICT JUDGE
before me is the Petition for Writ of Habeas Corpus pursuant
to 28 U.S.C. § 2241 (Doc. 1) filed by Petitioner Terry
Jemison (“Petitioner”). Specifically, Petitioner
claims that the Bureau of Prisons (“BOP”)
incorrectly computed the time remaining on his sentence. For
the reasons that follow, the petition will be denied.
Terry L. Jemison/Dexter Lorantho Jemison, was convicted in
the United States District Court for the Central District of
Illinois on November 15, 1995 of being a felon in possession
of a firearm. (See Teters Decl., ¶ 3 & p.
12). The district court sentenced Petitioner to a 52 month
term of imprisonment and three (3) years of supervised
released. (See id.).
January 19, 2000, Petitioner was arrested in Peoria, Illinois
for bank robbery, and he remained in the custody of the
United States Marshals Service through sentencing.
(See Teters Decl., ¶ 4 & Attach.
“1”, 2). Petitioner pled guilty to armed bank
robbery and using/carrying a firearm during a crime of
violence in the Central District of Illinois. (See
Teters Decl., Attach. “2”, 2). On December 21,
2000, Petitioner was sentenced to 168 months on the armed
bank robbery charge and 84 months on the firearm charge.
(See id. at Attach. “2”, 3). The
sentences were ordered to run consecutively, for an aggregate
term of 252 months. (See id.). The same day,
Petitioner, having admitted to violating his term of
supervision from his 1995 conviction, was sentenced to
“24 months, to be served consecutively to the sentence
imposed in [the armed bank robbery case] CD/IL No.
00-10007-002.” (See id. at Attach.
instant petition, filed on March 30, 2018, Petitioner
contends that the “sentence computation monitoring
data” is incorrect in that it shows that he has to
complete the 24 month term when he claims that this time has
already been served. (See Doc. 1, ¶¶ 5-6).
response to the petition, the BOP completed a sentence
computation. (See Teters Decl., ¶¶ 9-14).
Regarding the 2000 conviction, Petitioner received prior
custody credit from January 19, 2000, his date of arrest,
until December 20, 2000, the day he was sentenced, for a
total of 337 days. (See id. at ¶ 10 &
Attach. “5”, 4). Petitioner's projected
statutory release date from that sentence is September 26,
2020. (See id.). This sentence was imposed in 2000
pursuant to the Prison Litigation Reform Act of 1995
(“PLRA”). (See id. at ¶ 11 &
Attach. “5”, 2-3 (identifying “PLRA
sentence” as the “sentence procedure”)).
also completed a sentence computation for the conviction for
Petitioner's violation of the terms of his supervised
release. (See Teters Decl., ¶ 12). This 24
month sentence begins on the date Petitioner completes his
sentence from the armed bank robbery case, so the computation
prepared by the BOP indicates that this sentence is to
commence on September 26, 2020. (See id. at Attach.
“7”, 3). Petitioner's current projected
satisfaction date is June 23, 2022. (See id.).
Petitioner's 1995 conviction was imposed under the
Violent Crime Control and Law Enforcement Act of 1994
(“VCCLEA”). (See id. at ¶ 11 &
Attach. “7”, 2).
filed a traverse to the Government's opposition.
(See Doc. 10, generally). Therein,
Petitioner reiterates his view that the BOP has incorrectly
calculated his sentence. (See id.).
petition has now been fully briefed, so it is ripe for
U.S.C. § 2241 vests 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. See 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).
challenge to the BOP's calculation of his sentence is
properly brought pursuant to § 2241. See Eiland v.
Warden Fort Dix FCI, 634 Fed.Appx. 87, 89 (3d Cir.
2015). The Attorney General, through the BOP, is responsible
for administering a federal inmate's sentence and
computing the credit to be awarded for time spent in official
detention prior to the commencement of the sentence. See
United States v. Wilson, 503 U.S. 329, 333-35, 112 S.Ct.
1351, 117 L.Ed.2d 593 (1992) (interpreting 18 U.S.C. §
3585(b)). The BOP's decision is subject to judicial
review under 28 U.S.C. § 2241. See Burkey v.
Marberry, 556 F.3d 142, 146 (3d Cir. 2009). The two
major factors in a federal sentencing calculation are: (1)
when the ...