Buggs v. Crabtree, Civ.A. 97-615-CO.
| Decision Date | 11 September 1998 |
| Docket Number | No. Civ.A. 97-615-CO.,Civ.A. 97-615-CO. |
| Citation | 32 F.Supp.2d 1215 |
| Parties | Arthur Edward BUGGS, Petitioner, v. Joseph H. CRABTREE, Warden, FCI Sheridan, Respondent. |
| Court | U.S. District Court — District of Oregon |
Christine S. Dahl, Assistant Federal Public Defender, Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, OR, for petitioner.
Kristine Olson, United States Attorney, Craig C. Casey, Assistant United States Attorney, Portland, OR, for respondent.
Petitioner Arthur Edward Buggs brought this habeas corpus proceeding pursuant to 28 U.S.C. § 2241, alleging that he was being denied pre-trial and post-trial credit, and seeking 317 days credit toward his federal sentence. Respondent government filed an answer in which it requests that petitioner's petition be denied and the action dismissed. Petitioner filed a motion for immediate release or, in the alternative, conditional release pending disposition. Following a telephone hearing, and a court hearing held August 19, 1998, the court ordered that petitioner be released on certain conditions (# 24). The parties have consented on the record to entry of final judgment by a magistrate judge. 28 U.S.C. § 636(c). For the reasons set forth below, petitioner Buggs' petition is granted.
On October 20, 1993, a federal indictment was filed and an arrest warrant was issued, Case No. CR-93-266-MFN. (J., Gov. Answer Ex. A Attach. 1; Docket, Hr'g Ex. C1.)
On November 29, 1993, the Spokane Superior Court issued a bench warrant in Case No. 93-1-00893-8 for violation of previously imposed sentence. (8-7-98 Stipulated facts; Order for Bench Warrant, 8-10-98 Gov. fax no. 2 Ex.)
Buggs was arrested by the Spokane Police Department on December 3, 1993, and housed in Spokane County Jail. (8-7-98 Stipulated Facts; Bench Warrant, Hr'g Exs. C2; Spokane Police-Sheriff General Report, Hr'g Ex. D.)
On December 14, 1993, an information was filed in Spokane Superior Court, Case No. 93-1-02004-1, and warrant was issued. (Docket, Hr'g Ex. B1.)
On December 15, 1993, a writ of habeas corpus ad prosequendum was issued for appearance in federal court in Case No. CR 93-266-WFN on December 21, 1993. (Writ, 8-10-98 Gov. fax no. 1 Ex.; Docket, Hr'g Ex. A1.) Attorney Roger Peven was appointed on December 21, 1993, to represent Buggs in federal case no. CR 93-266-WFN. (Peven Aff., Hr'g Ex. F.) Buggs appeared in federal court for arraignment. The federal court issued an Order of Temporary Detention on December 21, 1993, (Order of Temporary Detention Pending Hearing, Hr'g Ex. A3), and an Order of Detention on December 23, 1993, (Order of Detention, Hr'g Ex. A4). On March 18, 1994, federal sentence was imposed. (8-7-98 Stipulated facts; J., Gov. Answer Ex. A Attach. 1; see USMS Custody and Detention Report, Gov. Answer Ex. A Attach. 2.) On March 25, 1994, judgment was entered in the federal case, whereby Buggs was "committed to the custody of the United States Bureau of Prisons" and "remanded to the custody of the United States Marshal." (J., Gov. Answer Ex. A Attach. 1.)
Buggs was arraigned on state drug charges in Case No. 93-1-02004-1 on June 2, 1994. (8-7-98 Stipulated facts; Docket, Hr'g Ex. B1; Order Setting Trial Date, Hr'g Ex. B2.) On June 30, 1994, Buggs entered a plea of guilty in Case No. 93-1-02004-1. In the Statement of Defendant on Plea of Guilty, the prosecuting attorney recommended that the sentence imposed run "concurrent to the federal sentence presently being served." The Statement was signed by Buggs, the prosecuting attorney, Buggs' attorney, and the judge. (Statement of Defendant, Hr'g Ex. B3.) Buggs was sentenced by the state court on June 30, 1994, sentence to run "concurrent" with federal sentence, and a warrant of commitment was issued stating the sentence was to run "concurrently" with the sentence in the federal case. (8-7-98 Stipulated facts; J., Pet'r Mem. in Supp.Ex. B; Docket, Hr'g Ex. B1; Warrant of Commitment, Pet'r Mem. in Supp.Ex. B; Hr'g Ex. B4.)
In Case No. 93-1-00893-3, the state court ordered that supervision be reinstated on July 13, 1994, with the sentence to run "concurrently" to the federal sentence. The Order Reinstating Supervision was signed by the judge, the deputy prosecutor, and Buggs' attorney.
State jail records and U.S. Marshal's records show that Buggs' state sentence was completed on November 9, 1994, and that he was released from state custody. On November 16, 1994, Buggs left Spokane County Jail and arrived at federal prison at Sheridan. Until Buggs was transferred to FCI Sheridan, he was in Spokane County Jail throughout both the state and federal proceedings. (8-7-98 Pet'r fax; 8-10-98 Gov. fax nos. 1, 2.)
Respondent argues that petitioner is not entitled to prior custody credit toward his federal sentence; and that petitioner should be required to exhaust administrative remedies, and such failure has resulted in a procedural default. Petitioner contends that considerations of full faith and credit, and comity, entitle him to custody credit for the state sentences imposed after commencement of his federal sentence which were expressly made concurrent to the federal sentence; and that the court should dispense with the discretionary prerequisite of administrative remedies in this case.
Exhaustion of administrative remedies
The government contends that petitioner has failed to exhaust his administrative remedies and, therefore, his petition should be denied. Petitioner Buggs argues that pursuing his administrative remedies would be futile, and the court should not require exhaustion.
The government concedes that exhaustion of administrative remedies is not a jurisdictional prerequisite to habeas review. Hines v. Crabtree, 935 F.Supp. 1104, 1107 (D.Or.1996); Dougherty v. Crabtree, 812 F.Supp. 1089, 1091 (D.Or.1991), aff'd, 981 F.2d 1258 (1992); see United States v. Woods, 888 F.2d 653, 654 (10th Cir.1989), cert. denied, 494 U.S. 1006, 110 S.Ct. 1301, 108 L.Ed.2d 478 (1990).
The court notes that the government's argument that petitioner Buggs should exhaust his administrative remedies was made in November 1997, when it filed its answer. In its answer, the government asserts that dismissing the action without prejudice would not harm petitioner Buggs because he would not be eligible for release until July 1998 if credit were awarded; the government asserts that petitioner would thus have time to exhaust his administrative remedies. Petitioner contends that it would be futile for him to exhaust administrative remedies since the government has announced its disagreement with his request for credit against his federal sentence, and he would be irreparably harmed if he were required to exhaust administrative remedies. Petitioner points out that the government agrees that he would be entitled to immediate release if credit was given.
The court finds in the circumstances that requiring petitioner to exhaust his administrative remedies at this point would be futile. Moreover, petitioner Buggs would be irreparably harmed if he were required to exhaust at this time. Accordingly, the court exercises its discretion and finds that petitioner Buggs need not exhaust his administrative remedies in this matter. See Hines, 935 F.Supp. at 1107 []; Dougherty, 812 F.Supp. at 1091 []. The court will address petitioner Buggs' petition on the merits.
Entitlement to custody credit
The government argues that, under 18 U.S.C. § 3585(b), the BOP has properly denied petitioner the 317 days custody credit he seeks. The government contends that, according to the BOP, petitioner Buggs was in state custody serving a state sentence until November 9, 1994, when he was released from state custody and, because petitioner had received credit toward his state sentence from December 21, 1993, to November 9, 1994, he cannot receive double credit for his detention time. It further argues that district court judges have no authority to grant credit to petitioners for time spent in jail prior to the commencement of their sentences. Petitioner Buggs argues that the BOP is required to honor the concurrent sentences imposed by the state courts. He contends that a federal sentence does not automatically trump a state sentence, but that state and federal governments interact with each other as equal sovereigns. He asserts that this dual sovereignty doctrine acknowledges and protects the rights of each sovereign to impose exactly as much punishment, and as little punishment, as the sovereign desires. Petitioner contends that the first sovereign here, the United States, has no cause to complain about the concurrent sentences imposed by the state court, and has no right to tell the state how much, or how little, punishment it should exact. Petitioner argues that considerations of comity and full faith and credit require the BOP to credit him with the 317 days custody served. He...
To continue reading
Request your trial
-
Reynolds v. Thomas
...even were we to assume that a state's prosecutorial delay might result in an abdication of primary jurisdiction, see Buggs v. Crabtree, 32 F.Supp.2d 1215, 1220 (D.Or.1998), no such delay occurred here. Reynolds was taken into federal custody less than sixty days after his arrest and was sen......
-
Leal v. Tombone
...agreement with state authorities, compel the federal government to grant a concurrent sentence). Leal relies on Buggs v. Crabtree, 32 F.Supp.2d 1215, 1220-21 (D.Or. 1998), which held that the BOP was obliged to credit a prisoner for time spent in state prison when the state courts had order......
-
Yarberough v. Smith, CV 12-0966-PHX-JAT(DKD)
...Petitioner prior to his transfer to federal authority clearly distinguishes this situation from that present in Buggs v. Crabtree, 32 F. Supp. 2d 1215, 1219 (D. Or. 1998), in which the Court held that the state had relinquished primary jurisdiction over the petitioner by not acting on eithe......