United States v. Arnold
2:15-cr-20652
E.D. Mich.Dec 3, 2020Background:
- Graham was charged in a §922(g) case (initial appearance Aug 26, 2015), pleaded guilty Dec 15, 2015, and was sentenced to 27 months on Oct 4, 2016 (sentence expired Aug 4, 2017).
- Graham was indicted in the RICO case Mar 1, 2016 and consented to detention in that case on Mar 15, 2016; he was detained on both matters during Mar 15–Oct 4, 2016.
- The RICO trial began Jan 31, 2018 and ended in a mistrial Mar 16, 2018; Graham pleaded guilty to Count 1 on Sept 13, 2018 and was sentenced to 67 months on Feb 21, 2019.
- BOP credited Graham with ~13.5 months of pretrial detention toward his 922(g) sentence (Aug 26, 2015–Oct 4, 2016).
- Graham moved for a court order directing that he receive credit toward his RICO sentence for the period Mar 15–Oct 4, 2016 (the time he consented to detention in the RICO case but was also serving on the 922(g) case).
- The plea agreement and the court at sentencing reflected the parties’ understanding that any BOP credit toward the RICO sentence would run from the end of the 922(g) sentence and that the court had considered detention from Mar 15–Oct 4, 2016 when imposing a below-guidelines 67-month term.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Graham is entitled to pre-sentence credit (Mar 15–Oct 4, 2016) against his RICO sentence under 18 U.S.C. §3585(b) | Gov’t: Credit already applied to 922(g) sentence; §3585(b) forbids double credit | Graham: Time in custody during that period should be credited to RICO sentence | Denied — credit already applied to 922(g) sentence and double credit is prohibited under §3585(b) |
| Whether the district court may order the BOP to grant the requested credit / clarify sentence to force BOP to apply credit | Gov’t: BOP, not the court, calculates and awards prior custody credit | Graham: Court should issue order clarifying sentence so BOP will grant credit | Denied — BOP has exclusive authority to compute pre-sentence credit; court cannot direct BOP to give double credit; plea agreement anticipated credit only after 922(g) sentence ended |
Key Cases Cited
- United States v. Wilson, 503 U.S. 329 (1992) (holding that §3585(b) precludes double credit for time already credited to another sentence and that the BOP, not the sentencing court, determines prior-custody credit)