United States District Court, D. New Jersey
Cheyenne Simons, Pro Se #64492-053 FCI Fairton Fairton, NJ.
Elizabeth Ann Pascal, Office of the U.S. Attorney, Camden, NJ, Attorney for Respondent.
JEROME B. SIMANDLE, Chief District Judge.
Petitioner Cheyenne Simons, currently confined at the Federal Correctional Institution at Fairton, New Jersey, filed this petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241. Respondent answered the petition. For the following reasons, the petition must be denied.
Petitioner seeks a writ of habeas corpus to determine the legality of his detention (Petition, Docket Item 1 at p. 1). He alleges that the Bureau of Prisons ("BOP") miscalculated the amount of credit that should be applied to his federal sentence ( Id. ).
According to the record provided by Respondent and Petitioner's petition, Mr. Simons was arrested in New York on state charges on January 12, 2007 (Respondent's Attachment 1 at 16-17). On March 3, 2007, Petitioner bonded out of state custody (Respondent's Attachment 2, Jail Time Certification). On August 6, 2007, Petitioner was sentenced in New York state court to a two-year term of imprisonment ( Id. at ¶ 4). He remained in city custody until he moved to state custody on August 16, 2007 ( Id.).
On December 26, 2007, Petitioner was temporarily transferred to federal custody pursuant to a writ of habeas corpus ( Id. at ¶ 5 and Respondent's Attachment 3). On March 27, 2009, he was sentenced in the United States District Court for the Eastern District of New York to a twelve year term of imprisonment. The federal sentencing judgment does not indicate that the federal sentencing court ordered the sentence to run concurrently with any other sentence (Respondent's Attachment 4). On May 4, 2009, Petitioner returned to state custody with a federal detainer lodged against him for his future federal sentence (Respondent's Attachment 3).
On June 11, 2009, Petitioner was paroled from New York state custody to federal custody (Respondent's Attachments 2, 3). His federal sentenced commenced on June 11, 2009, the date he was taken into federal custody (Respondent's Attachments 3, 5). One day of credit was awarded Petitioner- the day of his state arrest- because that day hadn't been credited to his state sentence (Respondent's Attachments 2, 6). His projected release date is November 23, 2019 (Respondent's Attachment 6).
Petitioner argues that he spent time in the federal prison system which was ultimately not credited to either his New York or federal sentences.
Under 28 U.S.C. § 2241(c), habeas jurisdiction "shall not extend to a prisoner unless... [h]e is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2241(c)(3). A federal court has subject matter jurisdiction under § 2241(c)(3) if two requirements are satisfied: (1) the petitioner is "in custody" and (2) the custody is "in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2241(c)(3); Maleng v. Cook, 490 U.S. 488, 490 (1989). The federal habeas statute requires that the petitioner be in custody "under the conviction or sentence under attack at the time his petition is filed." Lee v. Stickman, 357 F.3d 338, 342 (3d Cir. 2004) (quoting Maleng, 490 U.S. at 490-91).
This Court has subject matter jurisdiction under § 2241 to consider the instant petition because Petitioner challenges the computation of his federal sentence, and he was incarcerated in New Jersey at the time he filed the petition. See Blood v. Bledsoe, 648 F.3d 203 (3d Cir. 2011); ...