United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DENYING PETITION FOR A WRIT OF HABEAS CORPUS
AND DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Judge.
Karlos Owens (Owens) is a federal prisoner currently
incarcerated at the Federal Correctional Institution (FCI) in
Terre Haute, Indiana. Owens is serving a term of imprisonment
of 27 months imposed by the United States District Court for
the Eastern District of Missouri. Owens filed this Petition
for Writ of Habeas Corpus under 28 U.S.C. § 2241 to
challenge the way his sentence has been calculated by the
Bureau of Prisons. In particular, he argues that he should
have been given credit for the time he spent in pretrial
detention. For the reasons explained below, Owens'
petition is denied.
February 27, 2014, Owens was sentenced to six years
imprisonment by the State of Missouri for Possession C/S
Heroin (Case No. 1122-CR03514-01) with a one year concurrent
sentence for Possession of Marijuana. The state sentences
were ordered to be served consecutively to a prior state
sentence of four years for Resisting Law Enforcement with 4
years concurrent for Resisting Arrest by Fleeing (Case No.
11, 2015, while Owens was on parole from those convictions,
he was arrested by local law enforcement and charged with
Driving with a Suspended License and Leaving the Scene of an
6, 2015, Owens' state parole was revoked and he was
returned to the Missouri Department of Corrections
(“DOC”) to serve his prior state sentence.
September 30, 2015, Owens was indicted in the United States
District Court for the Eastern District of Missouri, Case No.
4:15CR00448-1 SNLJ/DDN, and charged with Knowingly and
Intentionally Distributing Heroin, and Knowingly Possessing a
Firearm in Furtherance of a Drug Trafficking Crime, and Felon
in Possession of a Firearm.
October 2, 2015, the United States filed an Application for
Writ of Habeas Corpus Ad Prosequendum seeking to bring the
Petitioner to appear before the district court for an initial
appearance and other dates and times as needed, and then to
return him to his place of custody, the Eastern Reception
Diagnostic Center, upon completion of proceedings. On October
2, 2015, the district court ordered that the Writ issue as
requested in the application. On October 8, 2015, United
States Marshals executed the writ and took temporary custody
August 3, 2016, Owens was sentenced in the United States
District Court to a 27-month term of imprisonment to be
served consecutively to the sentences previously imposed by
the State of Missouri in Docket Nos. 1122-CR03514-01 and
1322-CR3958-01 “and consecutively to any other
sentences imposed by any other court.” On August 19,
2016, Owens was returned to the Missouri Department of
Corrections in satisfaction of the writ, and the federal
Judgment became a detainer pending his release from state
November 23, 2016, the State of Missouri paroled Owens, who
was then released into the custody of the United States
Marshal pursuant to the federal detainer to begin service of
his federal sentence. On March 10, 2017, the Missouri state
charges stemming from the May 11, 2015 arrest were dismissed.
currently has a projected release date (via Good Conduct
release) of November 8, 2018, and upon completion of the
Residential Drug Abuse Program (“RDAP”), Owens
may be eligible for a sentence reduction and release on June
challenges the calculation of his federal sentence. He argues
that he is entitled to credit against his federal sentence
for the period of time he spent in custody between October 8,
2015, and August 19, 2016. The respondent argues that Owens
was given credit toward his Missouri sentence for that time
and is not entitled to receive credit against his federal
Attorney General is responsible for computing the terms of
imprisonment of federal prisoners for all offenses committed
on or after November 1, 1987. See United States v.
Wilson, 503 U.S. 329 (1992). The Attorney General has