United States District Court, D. Oregon
OPINION AND ORDER
AIKEN UNITED STATES DISTRICT JUDGE.
an inmate at the Federal Correctional Institution in
Sheridan, Oregon, brings a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241. Petitioner alleges that
the Bureau of Prisons (BOP) failed to give him sufficient
credit for time served in presentence custody. For the
reasons explained below, the petition is denied.
October 7, 2012, petitioner was arrested by Montana law
enforcement officials and charged with operating a
methamphetamine laboratory and also with violating parole in
No. BDC-12-028. See Jennings Decl. ¶ 5 &
Ex. A at 5-9. Two days later, petitioner was charged with
violating supervised release in Case Number BDC-10-430.
October 17, 2012, petitioner also was charged with criminal
mischief. The next day, he was sentenced to six months in
jail with all but three days suspended. Id. ¶
6. & Ex. A at 17.
January 30, 2013, petitioner appeared in state court on his
supervised release and parole violations. See
Jennings Decl. ¶ 7 & Ex. B. Petitioner admitted two
of the alleged violations and the state court revoked his
suspended sentence and imposed a 3-year sentence for burglary
in Case Number BDC-10-430, as well as a 5-year concurrent
sentence for criminal endangerment in Case Number BDC-12-028.
30, 2013, petitioner was transferred from state to federal
custody to face federal charges. Id. ¶ 8 &
Ex. C at 2.
January 22, 2014, petitioner was sentenced to a 124-month
term of imprisonment for conspiracy to manufacture
methamphetamine in violation of 21 U.S.C. § 846; his
term was later reduced to 103 months. Id. ¶ 9
& Ex. D at 2, 7. The court ordered the federal sentence
to run concurrently with any undischarged state sentence
imposed in Case Numbers BDC-10-430 and BDC-12-028 and
recommended that petitioner receive credit for time served.
February 13, 2014, petitioner was returned to the custody of
Montana state authorities and the federal judgment was filed
as a detainer. Jennings Decl. ¶IO & Ex. C at 3.
March 10, 2014, BOP designated the Montana state facility as
the place for petitioner to serve his federal sentence. See
Id. ¶ 10 & Ex. F at 1.
October 16, 2014, Montana officials notified the U.S.
Marshals Service that service of petitioner's state
sentences would be complete on October 29, 2014. Id.
¶ 10 & Ex. B at 10. On that date, petitioner was
transferred to BOP custody to complete the remainder of his
January 3, 2018, after exhausting his administrative
remedies, petitioner filed the instant Petition for a Writ of
Habeas Corpus under 28 U.S.C. § 2241.
federal sentence commenced on January 22, 2014 and the BOP
began calculating his sentence as of that date. Petitioner
maintains that he is entitled to credit for the days he spent
in custody between January 30, 2013 and the date of his
federal sentencing on January 22, 2014, because the district
court recommended that petitioner be given credit for