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Smith v. Julian

United States District Court, S.D. Indiana, Terre Haute Division

March 14, 2017

KEION LAMONE SMITH, Petitioner,
v.
S. JULIAN, Warden, Respondent.

          ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT

          Hon. William T. Lawrence, United States District Judge

         I.

         Petitioner Keion Lamone Smith is confined within this District serving the executed portion of a 120-month 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 and docketed as No. 2:16-cv-12348-RHC, remains pending. Smith 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.

         II.

         A.

         According 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 imposed; or
(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 another sentence.

         The 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 benefit from the BOP merely because his subsequent federal sentence was ordered to run concurrently. Gigsby, 223 Fed.Appx at 489.

         B.

         The facts and circumstances pertinent to Smith's habeas claim are the following: On December 14, 2012, Smith was arrested by Detroit Police for weapons offenses. Three days later, Smith was arrested for parole violation based on the December 14th arrest just described. The state weapons charges were dismissed on December 27, 2012. On the following date, Smith was charged in federal court in the Eastern District of Michigan with being a Felon in Possession of a Firearm, in violation of 18 U.S.C. §§ 922(j) and 924(a) (hereafter “the federal charge”). On June 11, 2013, Michigan filed a parole detainer with federal authorities. Smith was sentenced on the federal charge on August 21, 2013 (hereafter “the federal sentence”).

         Smith was taken into custody by state authorities on November 8, 2013 and his parole was revoked by Michigan authorities on December 11, 2013. He was given credit for all his time spent ...


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