Rautenkranz v. Zeigler
5:10-cv-01230
S.D.W. VaOct 17, 2013Background
- Petitioner Ricky Rautenkranz, an inmate at FCI Beckley, filed a 28 U.S.C. § 2241 habeas petition alleging improper calculation of his sentence.
- State authorities arrested him on May 19, 2007, and revoked his probation on June 25, 2007, imposing consecutive 11–14 month State sentences.
- Petitioner was indicted in the EDNC on Sept. 5, 2007, for Possession of a Firearm by a Felon and pled guilty on Apr. 21, 2008.
- The EDNC sentenced him on Feb. 11, 2009 to 102 months, with an instruction that the federal sentence run concurrent to any state or federal sentence already imposed.
- Petitioner was released to federal custody on May 20, 2009, after completing the state sentence.
- Petitioner argues the BOP should credit him for the entire pre-sentence and presentence time, beginning June 25, 2007.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did the federal sentence commence? | Rautenkranz urges an earlier commencement to reflect full concurrency. | United States contends the federal sentence commenced on February 11, 2009, when imposed. | Federal sentence commenced February 11, 2009. |
| Is petitioner entitled to prior custody credit for time before the federal sentence? | Rautenkranz seeks credit for June 25, 2007 to February 10, 2009 against the federal sentence. | United States maintains no prior custody credit since time was credited against another sentence and no double credit. | No; petitioner is not entitled to prior custody credit. |
Key Cases Cited
- United States v. Wilson, 503 U.S. 329 (1992) (delegation of sentence calculation and credit to BOP; time commencement rules)
- Miramontes v. Driver, 243 F. App’x 855 (5th Cir. 2007) (pre-sentence credit cannot precede sentence commencement)
- Coloma v. Holder, 445 F.3d 1282 (11th Cir. 2006) (concurrent sentences do not retroactively affect start of second sentence)
- Willis v. United States, 438 F.2d 923 (5th Cir. 1971) ( Willis time limited; pre-sentence custody may not double credit)
- Kayfez v. Casele, 993 F.2d 1288 (7th Cir. 1993) (pre-sentence credit for concurrent state/federal time issues)
- Grigsby v. Bledsoe, 223 F. App’x 486 (7th Cir. 2007) (limits of Kayfez reasoning on credit for time after sentence commencement)