Caffey v. Wilson
| Decision Date | 08 April 2022 |
| Docket Number | 1:21cv1040 (RDA/IDD) |
| Parties | Edmond Jerome Caffey, Petitioner, v. Warden R. Wilson, Respondent. |
| Court | U.S. District Court — Eastern District of Virginia |
Federal inmate Edmond Jerome Caffey ("Caffey" or "Petitioner") filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, arguing that the Bureau of Prisons ("BOP") erred in computing his federal sentence by not crediting him with prior custody credit for the period of July 20, 2007 to May 13, 2008 while he was in temporary federal custody pursuant to a writ of habeas corpus ad prosequendum.[1] On December 20, 2021, respondent filed a motion for summary judgment [Dkt. Nos. 9, 10], with a brief in support and an affidavit. Caffey was advised of his right to respond as required by Local Rule 7(K) and Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). [Dkt. No. 9-1]. Caffey sought an extension of time on January 26, 2022, which the Court granted and his response was due on or before February 28, 2022. [Dkt. No. 15]. The time for a response has passed, but Caffey has not responded to the motion for summary judgment or sought a further extension. The matter is therefore ripe for adjudication. For the reasons stated below, respondent's motion for summary judgment will be granted, and the underlying petition dismissed.
Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). Respondent pursuant to Federal Rule of Civil Procedure 56 and Local Rule 56, set forth a statement of material facts he contends are undisputed, which Caffey has not disputed. See Gholson v Murray, 953 F.Supp. 709, 714 (E.D. Va. 1997) (); see also JDS Uniphase Corp. v. Jennings, 473 F.Supp.2d 705, 707 (E.D. Va. 2007) () (citing E.D. Va. Loc. Civ. R 56(B)).[2]
1. On February 28, 2007, Caffey was arrested by state authorities in Hamblen County, Tennessee, for aggravated robbery and evading arrest (state Case No. 07CR272), and a parole violation (state Case Nos. 03CR248 & 03CR324). Caffey remained in custody following his arrest by state authorities. [Dkt. 10-1 at ¶ 5].
2. On June 12, 2007, Caffey was indicted in the United States District Court for the Eastern District of Tennessee, on one count each of interfering with commerce by threat or violence, using and carrying a firearm during and in relation to a crime of violence, and unlawful transporting of firearms. [Id. ¶ 6].[3] 3. On June 19, 2007, the district court issued a writ for Caffey's initial appearance. [Id. ¶ 7]. On July 20, 2007, the United States Marshals Service ("USMS") took temporary custody of Caffey pursuant to the federal writ and Caffey remained in temporary federal custody during the pendency of his federal criminal case. [Id. ¶ 8].
4. Caffey appeared in federal district court for his initial appearance and arraignment in federal case No. 2:07CR61 (E.D. Tenn.) on July 27, 2007. [Id ¶ 9].
5. On August 20, 2007, Caffey pled guilty to one count each of interfering with commerce by threat or violence and using and carrying a firearm during and in relation to a crime of violence. [Id ¶ 10].
6. On December 5, 2007, while still in the temporary custody of the USMS pursuant to the federal writ, the Hamblen County, Tennessee criminal court dismissed the aggravated robbery and evading arrest charges (Case No. 07CR272). [Id ¶ 11].
7. On April 14, 2008, the federal district court sentenced Caffey to an aggregate term of 210 months in prison for his two convictions. [Id. ¶ 12].
8. On May 13, 2008, Caffey was returned to the custody of Tennessee state authorities. [Id. ¶ 13]. Caffey's federal sentence was lodged as a detainer with the Tennessee state authorities. Id
9. On July 11, 2008, the Tennessee Parole Board revoked Caffey's parole in Tennessee state Case Nos. 03CR248 and 03CR324 and ordered him to serve the remainder of his previously imposed 11-year sentence. [Id. ¶ 14]
10. On March 31, 2009, Caffey was paroled from his Tennessee state sentence, and released directly into the custody of the USMS for service of his federal sentence. [Id. ¶ 15].
11. Following Caffey's state arrest on February 28, 2007, Caffey was continuously in the primary custody of Tennessee State authorities until his parole from the state sentences on March 31, 2009. At the time his federal sentence was imposed on April 14, 2008, Caffey was still in the primary custody of Tennessee State authorities. Thus, Caffey's federal 210-month sentence began on March 31, 2009, the date on which he came into primary federal custody for service of his federal sentence. [Id. ¶¶ 15, 16].
12. BOP Program Statement 5880.28 and 18 U.S.C. § 3585(a) provides that "[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 at, the official detention facility at which the sentence is to be served." The Tennessee state authorities obtained primary jurisdiction over Caffey at the time of his arrest on February 28, 2007, but Caffrey did not come under primary federal jurisdiction until his release on parole by Tennessee authorities on March 31, 2009. On that date, Caffey was taken into federal custody awaiting transportation to serve his federal sentence. [Id. ¶18].
13. BOP Program Statement 5880.20 provides that "[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 other sentence." [Id. ¶ 19].
14. BOP Program Statement 5880.20 also provides that [Id. ¶ 20].
15. During the period in which Caffey was in the temporary custody of the USMS pursuant to the writ of habeas corpus ad prosequendum (from July 20, 2007, through May 13, 2008), he remained in the primary custody of the state of Tennessee based upon the February 28, 2007 arrest by Tennessee State authorities. At no time prior to March 31, 2009, did the state of Tennessee relinquish primary jurisdiction over Caffey. [Id. ¶ 21].
16. In computing Caffey's federal sentence, the BOP determined that the Tennessee State authorities applied the entire period of February 28, 2007, through March 31, 2009, to his Tennessee State sentences. Thus, the same period of time could not be applied as credit toward his federal term of imprisonment. [Id. ¶ 22].
17. BOP Program Statement 5880.28 and 18 U.S.C. § 3585(b) preclude the application of prior custody credit for time a federal inmate spent serving another sentence, or which has already been credited to another sentence. Tennessee State authorities credited Caffey with the entire period of February 28 2007, through March 31 2009, against his Tennessee parole revocation sentence, which rendered Caffey ineligible to receive prior custody credit for the same period of time towards the satisfaction of his federal term. [Id. ¶ 23].
18. Federal courts have the authority to order a federal term of imprisonment to run consecutive to or concurrent with any other sentence. See 18 U.S.C. § 3584. The BOP reviewed Caffey's case to determine if a nunc pro tunc designation was appropriate. In conducting the review, the BOP is obligated to review the issue for a federal inmate in accordance with the holding in Barden v. Keohane, 921 F.2d 476 (3d. Cir. 1990).[4] Caffey's federal sentencing order is silent as to how his federal sentence should run in relation to any sentences imposed in his pending Tennessee State parole violation cases. [Id. ¶ 24]. The BOP sent a letter to Caffey's federal trial judge, but received no response. [Id. ¶ 25].
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