Kerry Washington v. Rodney Chandler
533 F. App'x 460
5th Cir.2013Background
- Washington, a federal prisoner, sought credit toward his federal sentences for time served in Texas on unrelated state probation violations.
- BOP determines credit for pre-sentence custody by designation nunc pro tunc where appropriate.
- District court record showed no intent to run federal sentences concurrently with the Texas sentence.
- Washington argued he remained under the US primary jurisdiction during the period; the government contends Texas retained primary custody.
- Transfers to the Northern District of Texas were treated as loans of custody, with Texas retaining primary jurisdiction.
- Court affirmed dismissal of the petition without an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BOP nunc pro tunc designation credit was properly denied | Washington contends BOP improperly denied nunc pro tunc credit. | Royal Court records show district court did not err; no concurrent designation intended. | District court did not err; affirmed. |
| Whether Washington had United States primary jurisdiction during the period | Washington asserted primary US jurisdiction over him. | Texas retained primary custody; transfers were only loans of custody. | Texas retained custody; not under US primary jurisdiction. |
| Whether an evidentiary hearing was required | Washington requested an evidentiary hearing. | No hearing was required where the record supports dismissal. | No evidentiary hearing was required; petition properly dismissed. |
Key Cases Cited
- United States v. Wilson, 503 U.S. 329 (U.S. Supreme Court 1992) (BOP credit and pre-sentence custody framework)
- Pierce v. Holder, 614 F.3d 158 (5th Cir. 2010) (nunc pro tunc designation of state custody for federal credit)
- Royal v. Tombone, 141 F.3d 596 (5th Cir. 1998) (standard for reviewing § 2241 credit denials)
- Causey v. Civiletti, 621 F.2d 691 (5th Cir. 1980) (primary custody when transferred to federal custody on habeas)
- Zerbst v. McPike, 97 F.2d 253 (5th Cir. 1938) (concept of custody as custodial transfer; loan of prisoner)
- Ellis v. Lynaugh, 873 F.2d 830 (5th Cir. 1989) (no evidentiary hearing required in § 2241 context)