United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DIRECTING FURTHER PROCEEDINGS
WILLIAM T. LAWRENCE, JUDGE
Attorney General is responsible for calculating a federal
prisoner's period of incarceration for the sentence
imposed, and to provide credit for time served, for offenses
committed after November 1, 1987. 18 U.S.C. § 3585; 28
C.F.R. § 0.96; United States v. Wilson, 503
U.S. 329, 331-32 (1992). An inmate may challenge the
BOP's computation of his sentence pursuant to 28 U.S.C.
§ 2241. United States v. Tindall, 455 F.3d 885,
888 (8th Cir. 2006), cert. denied, 549 U.S. 1152
(2007) (“Prisoners are entitled to administrative
review of the computation of their credits . . . and after
properly exhausting these administrative remedies, an inmate
may seek judicial review through filing a habeas corpus
petition under 28 U.S.C. § 2241”). The petitioner
in this action presents such a challenge.
Keion Lamone Smith is confined within this District serving
the executed portion of a sentence following his conviction
in the United States District Court for the Eastern District
of Michigan. PACER records show that no appeal was taken from
his conviction and that the motion for relief pursuant to 28
U.S.C. § 2255 filed in June 2016 remains pending.
Williams seeks a seeks a writ of habeas corpus pursuant to 28
U.S.C. § 2241(c)(3), contending that the Federal Bureau
of Prisons (“BOP”) has improperly computed his
sentence by failing to give him credit for time in pretrial
custody from August 21, 2013 through March 18, 2014.
to 18 U.S.C. § 3585(a), “[a] sentence to a term of
imprisonment commences on the date the defendant is received
in custody awaiting transportation to . . . the official
detention facility at which the sentence is to be
served.” Credit for prior custody is specifically
addressed by 18 U.S.C. § 3585(b), which provides:
A defendant shall be given credit toward the service of a
term of imprisonment for any time he has spent in official
detention prior to the date the sentence commences-
(1) as a result of the offense for which the sentence was
(2) as a result of any other charge for which the defendant
was arrested after the commission of the offense for which
the sentence was imposed; that has not been credited against
Seventh Circuit has made clear that § 3585(b) forbids
the BOP from giving prior custody credit when that credit has
been applied to another sentence. See Gigsby v.
Bledsoe, 223 Fed.Appx. 486, 489 (7th Cir. 2007);
United States v. Ross, 219 F.3d 592, 594 (7th Cir.
2000). In Gigsby, the Seventh Circuit determined
that where the state credited the petitioner for time spent
in custody before the commencement of his federal sentence,
he was not entitled to the same ...