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Boyd v. Hastings

United States District Court, S.D. Georgia, Brunswick Division

July 10, 2014

ROSHAN BOYD, Petitioner,
v.
SUZANNE R. HASTINGS, Respondent.

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

JAMES E. GRAHAM, Magistrate Judge.

Petitioner Roshan Boyd ("Boyd"), who is currently incarcerated at the Federal Correctional Institution in Jesup, Georgia ("FCI Jesup"), filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondent filed a Response, and Boyd filed a Traverse. For the reasons which follow, Boyd's petition should be DENIED.

STATEMENT OF THE CASE

Boyd was convicted in this Court of distribution of a controlled substance, in violation of 21 U.S.C. § 841(a)(1), and being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The Honorable Lisa Godbey Wood sentenced Boyd to 62 months' imprisonment. Boyd has a projected release date of December 3, 2016, via good conduct time release. (Doc. No. 7-2, p. 24).

Boyd contends that the Bureau of Prisons ("BOP") has not awarded him with the appropriate amount of credit against his federal sentence. Boyd also contends that the BOP incorrectly denied his nunc pro tunc designation request, which would have allowed his federal and state sentences to run concurrently. Respondent asserts that Boyd has received all of the credit against his federal sentence to which he is entitled.

DISCUSSION AND CITATION TO AUTHORITY

I. Sentence credit computation

Boyd contends that his federal sentence should have commenced when he began his pre-trial detention, pursuant to the "clear instructions" of the sentencing judge. (Doc. No. 1, p. 7). Respondent asserts that Boyd has received credit against his federal sentence for a portion of the time he seeks. Respondent asserts that, during a sentence audit, BOP staff received documentation from Ware County which revealed that Boyd was not credited with 28 days' credit against his state probation revocation sentence from May 28, 2010, to June 24, 2010. Respondent asserts that these 28 days have now been credited against his federal sentence and that Boyd is not entitled to any more credit.

"Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms are to run concurrently." United States v. Ballard , 6 F.3d 1502, 1505 (11th Cir. 1993); see also 18 U.S.C. § 3584(a). It is for a federal court to decide if an offender's federal sentence will run concurrently or consecutively to any state sentence the offender may face. See United States v. Andrews , 330 F.3d 1305, 1307 n.1 (11th Cii. 2003). Additionally, "if a defendant is in state custody and he is turned over to federal officials for federal prosecution, the state government's loss of jurisdiction is only temporary. The prisoner will be returned to state custody at the completion of the federal proceedings or the federal sentence if the federal government wishes to execute it immediately.'" Powell v. Jordan, 159 F.App'x 97, 99-100 (11th Cir. 2005) (quoting Causey v. Civiletti , 621 F.2d 691, 693 (5th Cir.1980)). "A writ of habeas corpus ad prosequendum is only a loan of the prisoner to another jurisdiction for criminal proceedings in the receiving jurisdiction." Civiletti , 621 F.2d at 693.

It is the duty of the United States Attorney General, acting through the BOP, to determine the amount of credit due for the time served by the defendant prior to sentencing. United States v. Alexander , 609 F.3d 1250, 1259 (11th Cir. 2010). Section 3585 of Title 18 of the United States Code provides:

(a) Commencement of sentence. - A sentence to a term of imprisonment commences on the date the defendant is received in custody awaiting transportation to, or arrives voluntarily to commence service of sentence at, the official detention facility at which the sentence is to be served.
(b) Credit of Prior Custody. - 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 ...

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