United States v. Wiley, 2:24-cr-00113

Pierre A. Wiley pleaded guilty to being a felon in possession of a firearm and was sentenced to 41 months in federal prison.
At the time of federal sentencing, Wiley was already in state custody serving a revocation sentence; the sentences were ordered to run concurrently.
Wiley remains in state custody and will be transferred to federal custody upon completion of his state sentence.
Wiley filed a pro se motion requesting temporary release after his state sentence concludes so he can spend time with his family before serving the remainder of his federal sentence.
Wiley cited family members' medical issues as the primary reason for his request.
The court reviewed its authority and found it lacked the power to grant Wiley’s requested relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to grant temporary release mid-sentence	Government did not directly address, but court explained it lacked authority	Wiley requested release to community for personal/family reasons	Court held it lacks authority to grant temporary release; authority rests with Bureau of Prisons
Appropriateness of release even if authority existed	N/A	Wiley argued for compassion due to family health issues	Even with authority, court would deny due to seriousness of offense
Impact of concurrent state and federal sentences	Sentences properly administered per law, with state custody first	Sought to pause federal time post-state sentence	Court clarified custody transitions and saw no basis for interim release
Supervision of sentence execution	Custody and administration is within Bureau of Prisons' purview	Requested judicial intervention for release	Court repeated sentence administration is for BOP, not the court

United States v. Wilson, 503 U.S. 329 (explains prisoner must be committed to Bureau of Prisons for term of sentence)
Pope v. Perdue, 889 F.3d 410 (sovereign custody priority and transfer rules)
United States v. Cole, 416 F.3d 894 (explains concept of primary custody among sovereigns)