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Adams v. Warden-FCI Tallahassee

United States District Court, N.D. Florida, Tallahassee Division

July 22, 2019

KATHEA ADAMS, Petitioner,
v.
WARDEN-FCI TALLAHASSEE, Respondent.

          REPORT AND RECOMMENDATION

          HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE.

         This case is before the Court on Kathea Adams's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241. ECF Doc. 6. The petition challenges the calculation of Adams's federal sentence. The Government responded in opposition to the petition (ECF Doc. 15), and Adams filed a reply (ECF Doc. 17). The case is referred to the undersigned Magistrate Judge for a Report and Recommendation pursuant to 28 U.S.C § 636 and N.D. Fla. Loc. R. 72.2(B). After reviewing the parties' submissions, the undersigned recommends Adams's petition be denied because she has not demonstrated she was denied prior custody credit to which she is entitled.

         I. Background[1]

         On October 5, 2011, state officials from the Clarke County, Alabama, Sheriff's Office arrested Adams and charged her with attempted murder, possession of a controlled substance, possession of a firearm by a convicted felon and obstructing government operations. ECF Doc. 15-6 at ¶ 3. October 28, 2011, a federal grand jury in the U.S. District Court for the Southern District of Alabama indicted Adams for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Id. at ¶ 4. Adams entered federal custody via a writ of habeas corpus ad prosequendum on November 30, 2011; the state of Alabama, however, retained primary custody of Adams due to the pending state charges. Id. at ¶ 5-6.

         On April 23, 2012, a federal judge in the Southern District of Alabama sentenced Adams to a 120-month term of imprisonment for the felon in possession charge. Id. at ¶ 7. At sentencing, the federal judge did not indicate whether the federal sentence should be served concurrent or consecutive to any state sentence. Id.

         On April 17, 2013, Adams returned to Alabama custody with the federal judgment lodged as a detainer. Id. at ¶ 8. On May 14, 2013, Adams was sentenced in the Clarke County case to a 10-year term of imprisonment for the possession of a controlled substance charge. Id. at ¶ 9. However, the state court suspended the 10-year sentence and placed Adams on five (5) years of probation, with the condition that she serve a 20-month term of imprisonment. Id. The state court then gave Adams twenty (20) months of jail credit, which resulted in a time-served sentence.[2]Id. The remaining state charges were nolle prossed. Id. Adams was released to exclusive federal custody on May 30, 2013, to begin serving her federal sentence. Id. at ¶ 10.

         In this habeas action, Adams challenges the Bureau of Prisons' (“BOP”) calculation of her federal sentence, arguing she is entitled to prior custody credit for the time she spent in custody before the imposition of her state sentence on May 14, 2013. ECF Doc. 6 at 9.

         II. Discussion

         After a federal court pronounces a sentence, the Attorney General, through the BOP, has the authority to compute and administer the defendant's sentence. See 18 U.S.C. § 3621(a); United States v. Wilson, 503 U.S. 329, 331-35 (1992) (noting the Attorney General, through the BOP, is responsible for computing prior custody credit as well as administering sentences for federal offenders). The federal statute governing the calculation of a term of imprisonment provides:

(a) Commencement of Sentence.-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.
(b) Credit for Prior Custody.-A defendant shall be given credit toward the service of a term of imprisonment for any time [she] 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 ...

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