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United States v. Sanders

United States District Court, N.D. Florida, Panama City Division

July 19, 2018

UNITED STATES OF AMERICA
v.
JERROD JASON SANDERS, Defendant.

          ORDER REQUIRING A RESPONSE TO THE MOTION TO RECONSIDER

          Robert L. Hinkle United States District Judge

         The defendant Jerrod Jason Sanders is serving a 188-month sentence in the Bureau of Prisons. He asserts the Bureau has failed to give proper credit for time in state custody both prior to and after imposition of the federal sentence. The issue is before the court on Mr. Sanders's motion to reconsider the order of May 14, 2018. That order declined to make a recommendation to the Bureau of Prisons because, among other things, the record included too little information to evaluate the Bureau's handling of this issue. Mr. Sanders now has submitted additional information, including the Bureau's September 26, 2017 and November 27, 2017 rulings on Mr. Sanders's appeals of the denial of credit. ECF No. 175 at 3-4 & 7.

         I

         If Mr. Sanders seeks not a recommendation to the Bureau but instead an order compelling the Bureau to give him credit, the proper remedy may be a petition for a writ of habeas corpus under 28 U.S.C. § 2241. Any such petition would properly be filed in the district of incarceration, not this district, that is, not the district of conviction. But in appropriate circumstances, a sentencing court may make a recommendation to the Bureau.

         II

         The dispute arises from three cases: this federal case, a Georgia state-court case, and a Florida state-court case. The federal and Georgia cases resulted in convictions and prison sentences. The Florida case was dropped. Mr. Sanders has fully served the Georgia sentence and is serving the federal sentence.

         III

         When a defendant was detained as a result of the offense for which a federal sentence was imposed or as the result of any other charge for which the defendant was arrested after the commission of the offense for which the federal sentence was imposed, credit for the time in detention-that is, for time prior to imposition of a federal sentence-is subject to a clear, easily applied rule. The defendant receives credit for time in detention if the time is not credited on another sentence. The defendant does not receive credit for time in detention that is credited on another sentence. See 18 U.S.C. § 3585(b).

         Mr. Sanders was sentenced in this federal case on August 13, 2008. At least according to this record, Mr. Sanders received credit on his Georgia sentence for all time in detention or custody from December 31, 2005 until he completed service of the Georgia sentence on May 26, 2009. So the Bureau of Prisons has correctly denied credit for time prior to imposition of the federal sentence.

         IV

         This leaves for analysis time in custody after imposition of the federal sentence. The time can be divided into three periods. From August 13 to August 27, 2008, Mr. Sanders was in the physical control of the United States Marshals Service on a writ of habeas corpus ad prosequendum. From August 27, 2008 to May 26, 2009, Mr. Sanders was in a Georgia state facility serving his state sentence. Since May 26, 2009, Mr. Sanders has been in a Bureau of Prisons facility serving the federal sentence.

         A

         Mr. Sanders is plainly entitled to credit for time since May 26, 2009. During this period, Mr. Sanders has been in a federal facility serving only the federal sentence. The Bureau has given Mr. Sanders ...


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