KING v. KIRBY
Filing
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OPINION. Signed by Judge Renee Marie Bumb on 12/13/2017. (tf, n.m.)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
CURTIS KING,
Petitioner,
v.
MARK KIRBY,
Respondent.
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: Civ. Action No. 16-8993 (RMB)
:
:
:
OPINION
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:
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:
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BUMB, District Judge
This matter comes before the Court upon Petitioner Curtis
King’s (“King”) submission of a petition for a writ of habeas
corpus under 28 U.S.C. § 2241 (Pet., ECF No. 1), and Respondent’s
answer to the petition. (Answer, ECF No. 4.) For the reasons
discussed below, the habeas petition is denied.
I.
BACKGROUND
King is a federal inmate confined at the Federal Correctional
Institution in Fairton, New Jersey (“FCI-Fairton”). (Pet. at 1.)
He was arrested on October 12, 2001, and taken into custody by the
New York City Police Department on the charge of attempted murder.
(Declaration of Brian Erickson (“Erickson Decl.”) ECF No. 8,
¶5(a)). While in custody of state officials, on August 28, 2012,
an arrest warrant was filed in the U.S. District Court, Eastern
District of New York, charging King with Possession with Intent to
Distribute Heroin and Unlawful Use of a Firearm, in violation of
21
U.S.C.
§§
841(a)(1)
&
841(b)(1)(c)
and
18
U.S.C.
§924(c)(1)(A)(i). (Erickson Decl., ¶6(a) and Attach. B.) On August
30, 2012, the U.S. District Court for the Eastern District of New
York issued a federal writ of habeas corpus ad prosequendum
directing the United States Marshal Service to “borrow” King from
Rikers Island Correctional Center in New York and produce him in
federal court on August 31, 2012, for processing of federal
charges. (Id., ¶6(b), Attach. C.)
A federal grand jury returned a two count indictment against
King on September 12, 2012, in Criminal Action No. 12-CR-577.
(Id., ¶6(d); Attach. E.) King pled guilty to one count of the
indictment on September 30, 2014, and was sentenced to a sixtymonth term of imprisonment. (Id., ¶6(e); Attach. A & F.) On
November 12, 2014, King was returned to New York state authorities
in satisfaction of the federal writ and federal sentencing detainer
lodged against him. (Id., ¶6(f), Attach. D.)
In state court on November 19, 2014, King pled guilty to
assault in Criminal Case No. 01924-2011. (Id., Attach. G.) He was
sentenced to a five-year term of imprisonment. (Id.) Upon imposing
the state sentence, the sentencing court stated, “Defendant is
currently in Federal custody in MDC on docket #12-577 (NGG) serving
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a
sentence
of
60
months.
Sentence
imposed
herein
shall
run
CONCURRENTLY with with [sic] his federal case.” (Erickson Decl.
¶6(g), Attach. G.)
On January 15, 2016, King was paroled from the State of New
York for service of his federal sentence. (Id., ¶6(h), Attach. D.)
The City of New York Department of Corrections credited 1,188 days
against King’s State sentence in Criminal Case No. 01924-2011.
(Id., ¶6(i); Attach. H.)
The BOP calculated King’s sixty-month federal sentence as
commencing on January 16, 2016, the date he was paroled from New
York State to the “exclusive” custody of federal authorities.
(Id.,
Attach
A
&
D.)
King
responded
by
writing
two
letters
regarding the BOP’s decision not to award him prior custody credit
against his federal sentence to the Honorable Nicholas G. Garaufis,
District Court Judge in the Eastern District of New York.
(Id.,
Attach. K.) Judge Garaufis construed King’s letters as a motion to
amend/correct judgment, denied the request, and further declined
to recommend that King receive prior custody credit. (Id.)
II.
DISCUSSION
King contends he should have been given prior custody credit
against his federal sentence because the federal sentencing judge
stated, “obviously your time in federal detention will be deducted
by the Bureau of Prisons.” (Pet. at 7.) He argues that he should
get credit against his federal sentence because the federal judge
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sentenced him first, and his later-imposed state sentence was
concurrent. (Id.) King seeks credit for the time he spent in MDC
Brooklyn, August 31, 2012 through November 12, 2014.
(Id. at 8.)
Respondent argues that 18 U.S.C. § 3585(b)(2) prohibits the
BOP from granting prior custody credit for time that was credited
against another sentence. (Answer at 6.) King did not come into
primary federal custody until January 15, 2016, the day he was
released by state authorities. (Id. at 8.) King was credited for
the period of August 31, 2012 through November 12, 2014 against
his state sentence. (Id. at 9.) The BOP cannot award prior custody
credit for any time that has been credited against any other
sentence. (Id. at 11-12.) Furthermore, the federal sentencing
judge only recommended that King receive prior custody credit,
while acknowledging that he could not require the BOP to do so.
(Id. at 13.)
The
Attorney
General
of
the
United
States
has
the
responsibility of computing a federal prisoner’s sentence and has
delegated that task to the Federal Bureau of Prisons. U.S. v.
Wilson, 503 U.S. 329, 333-35 (1992). The computation of a federal
sentence
involves
two
determinations:
(1)
when
the
federal
sentence commenced; and (2) whether the prisoner is entitled to
prior custody credit for time in custody prior to the commencement
of the sentence. See Blood v. Bledsoe, 648 F.3d 203, 207 (3d Cir.
2011) (citing 18 U.S.C. § 3585(a), (b)).
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“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.”
18 U.S.C. § 3585(a).
The sovereign that first arrests a defendant
has primary jurisdiction over him until the sovereign relinquishes
primary custody, for example, by expiration of the sentence.
Williams v. Zickefoose, 504 F. App’x 105, 107 n.1 (3d Cir. 2012)).
Release of a prisoner pursuant to a federal writ of habeas corpus
ad prosequendum does not relinquish a sovereign’s primary custody.
Davis v. Sniezek, 403 F. App’x 738, 740 (3d Cir. 2010). “Generally,
a sovereign can only relinquish primary jurisdiction in one of
four ways: (1) release on bail; (2) dismissal of charges; (3)
parole; or (4) expiration of sentence.” Id. (quoting United States
v. Cole, 416 F.3d 894, 897 (8th Cir. 2005)).
Therefore,
King
served his state sentence first, and his federal sentence did not
commence until January 15, 2016.
18 U.S.C. § 3585(b) provides:
(b) Credit for 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
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the commission of the offense for which
the sentence was imposed;
that has not been credited against another
sentence.
Time served in state custody that is credited toward a state
sentence cannot also be credited against a federal sentence. See
Castro v. Sniezak, 437 F. App’x 70, 72 (3d Cir. 2011) (per curiam)
(quoting Wilson, 503 U.S. 329, 337 (1992) (“Congress made clear
[in § 3585(b)] that a defendant could not receive a double credit
for his detention time.”)
The BOP properly calculated King’s federal sentence without
granting prior custody credit for the time King spent in MDC
Brooklyn because that time was credited against King’s state
sentence.
King is not entitled to the relief he seeks.
III. CONCLUSION
In the accompanying Order filed herewith, the Court denies
King’s petition for a writ of habeas corpus under 28 U.S.C. § 2241.
Dated: December 13, 2017
s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge
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