Jerry High v. C. Maiorana
668 F. App'x 122
| 5th Cir. | 2016Background
- Jerry Lynn High, a federal prisoner, challenged via 28 U.S.C. § 2241 the BOP’s computation of his concurrent 30-year federal sentences for cocaine offenses.
- High sought credit on his federal sentence for 582 days of state presentence detention (June 19, 1989–Jan. 22, 1991).
- State drug-trafficking sentences (totaling a 70-year term as imposed) commenced Jan. 22, 1991 and were run concurrently with his federal sentences that began July 17, 1991.
- The BOP credited the 582 days to High’s state sentences and denied duplicative credit on the federal sentence under 18 U.S.C. § 3585(b).
- High argued he should receive federal credit because his state sentences were discharged early in 2009, shortening his actual time served compared to his original (as-imposed) state term.
- The district court denied relief; the Fifth Circuit affirmed, agreeing the BOP properly used the as-imposed (raw) state full-term when determining § 3585(b) applicability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether High is entitled to credit on his federal sentence for 582 days of state presentence detention | High: He should get credit because his state sentences were later discharged early, making his nonfederal full-term shorter than his federal term | BOP: § 3585(b) forbids credit already applied to another sentence; BOP computes using the as-imposed nonfederal full-term as of federal custody date | Held: No credit. BOP correctly denied double credit because the 582 days were already credited to the state sentence and the BOP uses the raw as-imposed state term when computing credits. |
Key Cases Cited
- Wilson v. United States, 503 U.S. 329 (1992) (federal credit rule under § 3585(b))
- Willis v. United States, 438 F.2d 923 (5th Cir. 1971) (double-credit principles applied to concurrent sentences)
- Kayfez v. Gasele, 993 F.2d 1288 (7th Cir. 1993) (BOP uses as-imposed nonfederal full-term for credit computation)
- Christopher v. Miles, 342 F.3d 378 (5th Cir. 2003) (standard of review for § 2241 appeals)
- Kinder v. Purdy, 222 F.3d 209 (5th Cir. 2000) (affirming BOP computation principles)