Rachuy v. Bethel Work Release
0:17-cv-00508
D. MinnesotaNov 6, 2017Background
- Petitioner Gale Allen Rachuy filed a 28 U.S.C. § 2241 habeas petition challenging the BOP’s calculation of jail-credit toward his 90‑month federal sentence and three‑year supervised release. He resided at a BOP halfway house and was later on home confinement; expected release date was June 23, 2017.
- Rachuy had substantial pre‑federal custody: multiple arrests and state sentences in Ramsey County and St. Louis County, plus federal custody periods tied to the Western District of Wisconsin prosecution that produced the 90‑month sentence.
- BOP records credited Rachuy for virtually all pre‑sentence custody on the federal sentence except September 13, 2010–November 7, 2010, which the BOP credited exclusively to a Ramsey County sentence.
- Rachuy argued he was promised (and that court statements reflect) that his federal sentence would run concurrent with Ramsey and St. Louis County custody and that some Ramsey and St. Louis custody was used to enhance his federal sentence—seeking ~17 months + ~4 months additional credit.
- The BOP showed Rachuy received credit for the St. Louis custody because he was in primary federal custody then; the Ramsey County custody was credited to the Ramsey sentence and not to the federal sentence.
- The magistrate judge concluded BOP properly applied 18 U.S.C. § 3585(b): time already credited to another sentence may not be double‑credited, and Rachuy received the correct amount of federal credit; recommended denial of the § 2241 petition and dismissal with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BOP miscalculated federal jail‑credit by failing to credit Ramsey County custody | Rachuy: Ramsey custody was related/concurrent and some Ramsey time was not credited to any other sentence, so federal credit is owed | BOP: Ramsey time was credited to Ramsey County sentence; federal law disallows credit already credited to another sentence | Denied — Ramsey custody had been credited to the Ramsey sentence; no additional federal credit allowed |
| Whether BOP miscalculated federal jail‑credit by failing to credit St. Louis County custody | Rachuy: St. Louis custody should be credited to federal sentence | BOP: Rachuy was in primary federal custody during St. Louis proceedings, and BOP already applied that time to the federal computation | Denied — BOP already credited the St. Louis custody to the federal sentence |
| Whether sentencing court intended federal sentence to run concurrent to Ramsey/St. Louis sentences | Rachuy: Sentencing transcript/orders reflect concurrence | BOP: Only St. Louis shows concurrence and was in federal custody; Ramsey sentencing records show full credit to Ramsey sentence | Denied — only St. Louis concurrency relevant; no indication federal sentence was to be concurrent with Ramsey sentence |
| Whether related conduct used to enhance federal sentence entitles to double credit | Rachuy: Time used to enhance federal sentence should be credited to federal term | BOP: 18 U.S.C. § 3585(b) permits credit only for time not credited to another sentence | Denied — statute bars double credit absent explicit sentencing order |
Key Cases Cited
- United States v. Tindall, 455 F.3d 885 (8th Cir.) (discusses federal credit rules under § 3585(b))
- Matheny v. Morrison, 307 F.3d 709 (8th Cir.) (§ 2241 is proper vehicle to challenge BOP credit calculation)
- King v. Wyrick, 516 F.2d 321 (8th Cir.) (context on awarding jail credit not previously applied to another sentence)
- Wilson v. United States, 503 U.S. 329 (Sup. Ct.) (credit against federal sentence limited by § 3585(b))
- Rumsfeld v. Padilla, 542 U.S. 426 (Sup. Ct.) (custody for § 2241 venue/availability principles)
- Maleng v. Cook, 490 U.S. 488 (Sup. Ct.) (‘‘in custody’’ requirement for habeas relief)