Trine v. Ives
Filing
12
Opinion and Order: Petitioner's Motion Pursuant to 28 U.S.C. § 2241 1 is DENIED and this case is DISMISSED. Signed on 07/27/2018 by Judge Ann L. Aiken. (jw) (copy of order mailed to petitioner)
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
Case No. 3:18-cv-00020-AA
DAVID EDMOND TRINE,
OPINION AND ORDER
Petitioner,
v.
RICHARD IVES, Warden,
Respondent.
AIKEN, District Judge:
Petitioner, 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.
BACKGROUND
On October 7, 2012, petitioner was arrested by Montana law enforcement officials and
charged with operating a methamphetamine laboratory and also with violating parole in Case No.
BDC-12-028. See Jennings Deel.
9iJ
5 & Ex. A at 5-9. Two days later, petitioner was charged with
violating supervised release in Case Number BDC-10-430. Id.
- OPINION AND ORDER
On 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. ,-i 6. & Ex. A at 17.
On January 30, 2013, petitioner appeared in state court on his supervised release and
parole violations. See Jennings Deel. ,-i 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. Id.
On July 30, 2013, petitioner was transferred from state to federal custody to face federal
charges. Id. ,-i 8 & Ex. C at 2.
On 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. ,-i 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. Id.
On February 13, 2014, petitioner was returned to the custody of Montana state authorities
and the federal judgment was filed as a detainer. Jennings Deel. ,-ii 0 & Ex. Cat 3.
On March 10, 2014, BOP designated the Montana state facility as the place for petitioner
to serve his federal sentence. See id. ,-i 10 & Ex. F at 1.
On 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. ,-i 10 & Ex.Bat 10. On
that date, petitioner was transferred to BOP custody to complete the remainder of his federal
sentence.
2
- OPINION AND ORDER
On 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.
DISCUSSION
Petitioner's 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
"time served." Pet. at 2 (ECF No. 1); Reply at 1 (ECF No. 11). 1 Petitioner is incorrect.
The governing statute 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.
18 U.S.C. § 3585(b) (emphasis added).
This statute makes clear that BOP has no discretion to give credit for time spent in
presentence custody if that time has been credited toward another sentence. See United States v.
Wilson, 503 U.S. 329, 334 (1992) (noting that§ 3585(b) "authorizes credit only for time that 'has
not been credited against another sentence'"); see also Lopez v. Terrell, 654 F.3d 176, 184-85
(2d Cir. 2011) (where "the defendant's presentence custody has already 'been credited against
1
Petitioner also argues that BOP violated its own policy by denying the nunc pro tune
designation of a state institution for service of his federal sentence concurrent with the remainder
of his state sentence. However, BOP provided such a designation and granted petitioner credit
for the time served at the state facility between January 22, 2014 and October 29, 2014, when he
completed his state sentence. Jennings Deel.~ 10 & Ex. Eat 3.
3 - OPINION AND ORDER
another sentence' - namely, the defendant's state sentence - the agency is prohibited from
crediting that time against his federal sentence").
Here, petitioner was in presentence custody from October 7, 2012 to January 22, 2014.
BOP credited petitioner with 112 days between October 7, 2012 and January 29, 2013, because
those days were not credited against petitioner's state sentences. See Jennings Deel.
~~
10-11.
However, BOP could not credit petitioner with the time served from January 30, 2013 to January
22, 2014, because that time was credited toward his state sentences. 18 U.S.C. § 3585(b). The
fact that petitioner was temporarily transferred to federal custody to face federal charges does not
allow that time to be credited against his federal sentence. A state inmate's transfer to federal
custody to face federal charges does not affect the state's primary jurisdiction. Thomas v.
Brewer, 923 F.2d 1361, 1366-67 (9th Cir. 1991); see also United States v. Cole, 416 F.3d 894,
896-97 (8th Cir. 2005).
In sum, petitioner has been given proper credit for his time in presentence custody
between October 7, 2012 and January 22, 2014. Under 18 U.S.C. § 3585(b), petitioner is not
entitled to additional credit against his federal sentence.
CONCLUSION
Petitioner's Motion Pursuant to 28 U.S.C. § 2241 (ECF No. 1) is DENIED and this case
is DISMISSED.
DATED thisll_ day of July, 2018.
Ann Aiken
United States District Judge
4
- OPINION AND ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?