Woodson v. Salinas
6:16-cv-00019
E.D. Ky.Jun 22, 2017Background
- Christopher Woodson was serving a Tennessee 10-year sentence (revoked probation) imposed April 14, 2010, for drug trafficking when he was later indicted and pled guilty in federal court for Hobbs Act robberies; federal court sentenced him to 72 months in Sept. 2013 and ordered it to run concurrently with the state term.
- The federal court recommended, but could not order, that the BOP give Woodson pretrial federal credit starting June 11, 2012 (date he was brought to federal custody on a writ).
- Woodson sought BOP credit for prior custody: initially requested credit from Jan. 16, 2010 (arrest) through June 11, 2012; his § 2241 petition sought credit from June 11, 2012 forward.
- The BOP denied Willis- and Kayfez-type credits because the state sentence’s effective full term (with state credit) would expire after the federal sentence’s full term, so the BOP concluded the exceptions did not apply.
- District court found the petition (a) partially unexhausted as to the June 11, 2012–onward claim and (b) substantively without merit for both the June 11, 2012 claim and the exhausted Jan.16,2010–June11,2012 claim; it denied the § 2241 petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Woodson is entitled to prior custody credit from Jan. 16, 2010–June 11, 2012 under Willis/Kayfez exceptions | Woodson: time in state custody related to federal offense should count toward federal sentence (Willis/Kayfez relief) | BOP: § 3585(b) forbids double counting; Willis/Kayfez exceptions don't apply because state EFT (with credits) still exceeds federal EFT | Denied — BOP correctly applied program rules; state sentence (raw or adjusted) ends after federal sentence, so exceptions don't apply |
| Whether Woodson is entitled to credit from April 15, 2010–June 11, 2012 (post-state-sentence imposition) | Woodson: seeks credit for time after state sentence imposed | BOP: time after state sentence imposition already credited to state and cannot be double-counted under § 3585(b) | Denied — § 3585(b) bars credit for time already credited to another sentence |
| Whether Woodson’s request for a nunc pro tunc/retroactive designation under Barden is available | Woodson: requested nunc pro tunc designation to obtain federal credit | Respondent: Barden relief applies only where state mistakenly treated a previously-imposed federal sentence as commencing on imposition; not applicable here because state sentence preceded federal sentence | Denied — Barden not applicable where state sentence was imposed before the federal sentence |
| Whether the June 11, 2012–onward claim is exhausted | Woodson: filed § 2241 in district of confinement seeking credit from June 11, 2012 onward | Respondent: BOP grievance exhaustions concerned a different time period; administrative remedies not exhausted for the June 11, 2012 claim | Denied as unexhausted (and substantively meritless) |
Key Cases Cited
- Willis v. United States, 438 F.2d 923 (5th Cir. 1971) (earlier decision recognizing pre-§3585 double-counting relief and the origin of the Willis rule)
- Kayfez v. Gasele, 993 F.2d 1288 (7th Cir. 1993) (extended Willis-type relief where state credit could cause state term to end before federal term)
- United States v. Wilson, 503 U.S. 329 (1992) (statutory rule that prior custody credit cannot be double-counted under §3585(b))
- Barden v. Keohane, 921 F.2d 476 (3d Cir. 1990) (nunc pro tunc/retroactive designation remedy where state mistakenly treated a federal sentence as already running)
- Elwell v. Fisher, 716 F.3d 477 (8th Cir. 2013) (noting Willis/Haney-era authority superseded by §3585(b) repeal of §3568)