785 F.3d 852
2d Cir.2015Background
- Lugo was serving a New York state sentence when indicted on federal charges; a writ of habeas corpus ad prosequendum was issued directing production for arraignment on October 10, 2001.
- The docket entry was sealed and did not explicitly show the writ; Lugo was not transferred until October 18, 2001 and arraigned October 19, 2001.
- Lugo remained in federal custody through trial and was sentenced in October 2002 to a ten‑year federal term to run consecutively to his state term; time in federal custody during prosecution was credited to his state sentence.
- Lugo was returned to state custody, completed his state sentence (paroled in October 2008), then began serving the federal term; the BOP set his federal release date in 2017.
- Lugo filed a § 2241 petition arguing the writ was invalid (wrong arraignment date; sealed docket entry), so his federal sentence should have begun at sentencing in 2002 and been fully served by 2013.
- The district court denied relief; the Second Circuit affirmed, holding any technical defects did not invalidate the writ and the time in federal custody remained credited to the state sentence, not the federal sentence.
Issues
| Issue | Lugo's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether a writ ad prosequendum that was not executed on the date specified (and was sealed on the docket) is invalid | The writ was invalid because transfer/arraignment did not occur on the date specified and the writ was sealed, so federal sentence should commence at sentencing in 2002 | Writ valid despite technical defects; transfer was pursuant to the writ and state retained primary custody during prosecution | Writ valid; failure to meet specified date or sealing did not invalidate it |
| Whether time spent in federal custody during prosecution must be credited to the federal sentence | Time in federal custody during prosecution should count toward federal sentence if writ invalid | Time in federal custody pursuant to writ is credited to state sentence; federal sentence begins when defendant enters federal custody to begin federal sentence | Time was properly credited to state sentence; federal sentence began when Lugo was delivered to federal authorities in 2008 |
Key Cases Cited
- United States v. Mauro, 436 U.S. 340 (writ ad prosequendum definition and effect)
- United States v. Fermin, 252 F.3d 102 (state retains primary custody when prisoner produced for federal prosecution)
- United States v. Larkin, 978 F.2d 964 (technical/form errors in writ not fatal if writ shows proper purpose)
- Gilmore v. United States, 129 F.2d 199 (improperly labeled writ not invalid if purpose is clear)
- United States v. Labeille-Soto, 163 F.3d 93 (no right to credit on federal sentence for time credited to prior state sentence)