United States District Court, N.D. Florida, Tallahassee Division
REPORT AND RECOMMENDATION
THAI CANNON UNITED STATES MAGISTRATE JUDGE.
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
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.
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.
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.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.
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.
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
(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
(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 ...