McClain v. Bureau of Prisons
| Decision Date | 10 November 1993 |
| Docket Number | No. 93-5050,93-5050 |
| Citation | 9 F.3d 503 |
| Parties | David H. McCLAIN, Petitioner-Appellant, v. BUREAU OF PRISONS; J.J. Clark, Warden, Respondents-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
David H. McClain (briefed), pro se.
Daniel A. Clancy, U.S. Atty., Harriett Miller Halmon, Asst. U.S. Atty. (briefed), Memphis, TN, for respondent-appellee.
Before: KENNEDY and SILER, Circuit Judges; and BERTELSMAN, Chief District Judge. *
Petitioner David H. McClain appeals the district court's denial of his 28 U.S.C. Sec. 2241 habeas corpus petition. The issue is whether the district court erroneously denied him credit on his federal sentence for time incarcerated. For reasons stated hereafter, we affirm in part and reverse in part the decision of the district court.
On March 6, 1990, petitioner was arrested in Davidson County, Tennessee, on forgery charges and held because he was unable to make bond. He pled guilty in Davidson County Criminal Court to theft and was sentenced on August 21, 1990, to four years in prison.
While petitioner was serving that state sentence, on October 17, 1990, the United States Marshals Service requested that he be held on federal credit card fraud charges. Petitioner was then transferred to federal custody by writ of habeas corpus ad prosequendum on January 4, 1991. On March 4, 1991, petitioner pled guilty in federal court to one count of credit card fraud. On July 1, 1991, while in federal custody awaiting sentence on the federal charge, petitioner was paroled by state authorities. He was sentenced on October 11, 1991, to twenty-one months imprisonment, to run concurrently with any state sentence, plus two years of supervised release, and was to be given credit for jail time served in federal custody. On November 1, 1991, the Marshals Service delivered petitioner to the Bureau of Prisons, who refused to grant him credit for time spent in custody prior to his sentencing on October 11, 1991. Petitioner's release date from federal custody was projected to be April 19, 1993.
Petitioner first argues that he is entitled to credit against his federal sentence for all time spent in federal custody.
18 U.S.C. Sec. 3585(b) provides:
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 another sentence.
Specifically, petitioner claims that he is entitled to credit from March 6, 1990, the initial arrest date, or from January 4, 1991, the date he was taken into federal custody. Petitioner was serving a state sentence when he was transferred under a writ of habeas corpus ad prosequendum. The Bureau of Prisons determined that the time from January 4, 1991, to October 11, 1991, had been credited by the State of Tennessee against the state sentence, so it gave petitioner credit only for the time served after sentencing. The district court correctly concluded that the Attorney General, not the court, has the authority to compute sentence credits for time in detention prior to sentencing. United States v. Wilson, --- U.S. ----, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992). The district court may, however, grant petitioner relief under 28 U.S.C. Sec. 2241. Wright v. United States Bd. of Parole, 557 F.2d 74, 77 (6th Cir.1977).
Petitioner argued before the district court that but for the federal charges, he would have been released by the Tennessee Department of Corrections, and thus the continued detention must be attributed to the federal charges. The...
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