James Biear v. Warden Fort Dix FCI
679 F. App'x 93
| 3rd Cir. | 2017Background
- Biear was arrested by federal authorities on Nov. 23, 2009, and released on bail to New York state custody the next day to face state charges; federal authorities temporarily returned him on a writ ad prosequendum to face federal charges, and he was later convicted in federal court and sentenced to 120 months.
- He remained in federal custody until Apr. 2, 2012, then was transferred back to New York custody; on Aug. 16, 2012, the New York court sentenced him to “time served” (due to a one-year statutory maximum) and released him to federal custody to begin his federal sentence.
- Biear sought BOP credit for all pre-sentence custody from Nov. 24, 2009 through Aug. 15, 2012; the BOP awarded credit for Nov. 24, 2009 and for Nov. 24, 2010 through Aug. 15, 2012, but denied credit for Nov. 24, 2009–Nov. 23, 2010 because that period was credited to his state sentence.
- Biear requested a nunc pro tunc BOP designation of the state facility as his place of federal confinement to obtain credit for the one-year period credited to the state; the BOP denied that request exercising its discretion under 18 U.S.C. § 3621(b).
- Biear filed a § 2241 habeas petition in the District of New Jersey challenging the BOP’s sentence computation and the denial of the nunc pro tunc designation; the district court denied relief and the Third Circuit summarily affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did the federal sentence commence? | Biear argued some custody should count earlier; effectively that his federal term began before Aug. 16, 2012. | BOP: federal sentence commenced Aug. 16, 2012 when state discharged him and federal custody became exclusive. | Held: Commencement proper on Aug. 16, 2012 under 18 U.S.C. § 3585(a). |
| Is Biear entitled to credit for pre-sentence custody Nov. 24, 2009–Aug. 15, 2012? | Biear contended he was entitled to credit for the entire period. | BOP awarded credit for Nov. 24, 2009 and Nov. 24, 2010–Aug. 15, 2012 but not for Nov. 24, 2009–Nov. 23, 2010 (credited to state). | Held: BOP correctly applied § 3585(b) and awarded appropriate credit; denied credit that was already applied to state sentence. |
| May custody already credited to a state sentence be double-counted against a federal sentence? | Biear sought credit for time that was credited to his New York sentence. | BOP: § 3585(b) prohibits double-counting custody already credited to another sentence. | Held: BOP correctly refused to double-count the one-year period. |
| Did BOP abuse discretion in denying nunc pro tunc designation of state facility? | Biear argued BOP should have nunc pro tunc designated state confinement as federal place of confinement. | BOP: denial based on criminal history, disciplinary record, and sentencing judge's recommendation; decision is discretionary under § 3621(b). | Held: No abuse of discretion; denial upheld. |
Key Cases Cited
- Cardona v. Bledsoe, 681 F.3d 533 (3d Cir. 2012) (section 2241 available to challenge execution of federal sentence)
- Woodall v. Fed. Bureau of Prisons, 432 F.3d 235 (3d Cir. 2005) (standard of review: plenary on legal questions, clearly erroneous on facts)
- Barden v. Keohane, 921 F.2d 476 (3d Cir. 1990) (BOP has wide discretion in nunc pro tunc place-of-confinement designations)
- Burkey v. Marberry, 556 F.3d 142 (3d Cir. 2009) (certificate of appealability not required for § 2241 appeals)