Hargrove v. Wilson

Filing 14

MEMORANDUM OPINION. See Order for details. Signed by District Judge John A. Gibney, Jr., on 02/03/2015. (ccol, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

TERRELL ANTHONY HARGROVE,

Petitioner,
V.

Civil Action No. 3:14CV75

ERIC D. WILSON,

Respondent.
MEMORANDUM OPINION

Terrell Anthony Hargrove, a federal inmate proceeding pro se and in forma pauperis,

submitted this 28 U.S.C. § 2241 petition (hereinafter "§ 2241 Petition," ECF No. 1), in which he

alleges that he is entitled to credit for ^Willis" time, which arises from the holding in Willis v.
United States, 438 F.2d 923, 925 (5th Cir. 1971). The matter is before the Court for evaluation

of Respondent's Motion to Dismiss, or, in the Altemative, for Summary Judgment (hereinafter
"Motion for Summary Judgment," ECF No. 7).

A.

Standard for Receiving Credit for " Willis*'' Time Served

While 18 U.S.C. § 3585(b)(2)' bars crediting a federal prison term with tune already
counted toward another sentence, the Fifth Circuit in Willis created an exception recognized by

the Bureau of Prisons (hereinafter "BOP"). Winston v. Stansberry, No. 3:10CV631, 2011 WL
That statute 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—

(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).