(HC)Perez v. Trate
1:22-cv-00629
| E.D. Cal. | Aug 12, 2024Background
- Julio Perez, a federal prisoner, filed a pro se habeas corpus petition under 28 U.S.C. § 2241, claiming the Bureau of Prisons (BOP) failed to properly credit his time served in custody.
- Perez was arrested by California state authorities on December 2, 2014, and was later transferred to federal custody via a writ of habeas corpus ad prosequendum for federal drug charges.
- He completed service of his state sentences while in federal custody on August 5, 2015, then was sentenced to 126 months on the federal charges on January 4, 2016.
- Perez argued he should get eight months of credit for time served between his arrest and his federal sentencing, asserting BOP’s calculation was incorrect.
- The Respondent (Warden Trate) moved to dismiss, arguing Perez failed to exhaust his administrative remedies and, substantively, that the time in question had been credited toward Perez’s state sentence already.
- Perez did not file an opposition to the motion; the court considered the matter based on the filings and supporting documents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to jail credit for pre-sentence time | Credit should start Dec 2, 2014 | Credit given to state sentence, not double-counted | No double credit allowed; claim denied |
| Exhaustion of administrative remedies | (Not challenged; did not exhaust; pled he did not) | Petitioner failed to use BOP administrative remedy process | Dismissed for failure to exhaust |
| Waiver of exhaustion requirement | (No argument presented) | Waiver inappropriate as it would reward bypassing process | No waiver; dismissal affirmed |
| Computation of federal sentence start date | Should be backdated to arrest date | Set per federal law at date received for federal sentence | Sentence began Jan 4, 2016 |
Key Cases Cited
- United States v. Wilson, 503 U.S. 329 (statute prohibits double credit for time served)
- Allen v. Crabtree, 153 F.3d 1030 (authority of BOP to compute sentences)
- Thomas v. Brewer, 923 F.2d 1361 (sentence commences upon entry into federal custody)
- Boniface v. Carlson, 856 F.2d 1434 (no double credit where state already credited time)
- Martinez v. Roberts, 804 F.2d 570 (requirement to exhaust administrative remedies)
- Brown v. Rison, 895 F.2d 533 (exhaustion may be waived in some circumstances)