United States District Court, D. New Jersey
B. KUGLER, United States District Judge
Ashley Simmons (“Petitioner”) is a federal
prisoner currently incarcerated at Federal Medical Center
Devens in Ayer, Massachusetts. At the time of filing,
Petitioner was incarcerated at FCI Fort Dix, New Jersey. He
is proceeding pro se with a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner
alleges that the Bureau of Prisons (“BOP”)
violated his constitutional rights by incorrectly calculating
his sentence. The petition is ripe for disposition, and for
the reasons outlined below, the petition will be denied.
1, 2009, Petitioner was arrested by the United States Secret
Service and charged with access device fraud. (See
ECF No. 1 at p. 1; ECF No. 5-2 at pp. 1, 8). On November 13,
2009, the United States District Court for the Eastern
District of New York sentenced Petitioner to 105 months of
incarceration following his guilty plea to access device
fraud in violation of 18 U.S.C §§ 1029(a)(2) &
(c)(1)(B). (See ECF No. 1 at p. 3; ECF No. 5-2 at
pp. 2, 17-21).
20, 2009, the United States Probation Office for the Southern
District of New York issued a petition for court action
seeking to revoke Petitioner's supervised release that
had been imposed in an earlier criminal case. (See
ECF No. 5-2 at pp. 2, 13-15). On February 17, 2011, the
United States District Court for the Southern District of New
York revoked Petitioner's supervised release in the prior
criminal case and sentenced him to a two-year term of
incarceration to run consecutive with the 105-month sentence
imposed by the Eastern District of New York. (See
Id. at pp. 3, 44-46).
the second sentence was imposed, the BOP aggregated
Petitioner's consecutive sentences of 105 months (or 8
years and 9 months) and 2 years into a total sentence of 10
years and 9 months. (See Id. at pp. 3, 48-50). The
BOP calculated the aggregate sentence to have commenced on
November 13, 2009, the date Petitioner was sentenced in the
Eastern District of New York. (See id.). Petitioner
received jail credit for the time he spent in custody prior
to the commencement of his sentence. (See id.).
Specifically, he received 196 days of jail credit for the
period from May 1, 2009 (the date of arrest) to November 12,
2009 (the day before his sentence commenced). (See
6, 2016, Petitioner filed a request for administrative remedy
stating that the BOP failed to acknowledge the fact that his
jail time for the violation of his supervised release began
on May 1, 2009. (See ECF No. 5-1 at p. 18). On June
21, 2016, the Warden denied Petitioner's administrative
remedy request. (See Id. at p. 19). Thereafter,
Petitioner appealed to the Regional Director, who denied the
appeal on August 12, 2016. (See Id. at pp. 20-21).
On August 23, 2016, Petitioner appealed to the Central Office
arguing that the BOP unconstitutionally increased his
sentence by calculating his sentence as running from November
13, 2009 instead of May 1, 2009. (See Id. at p. 22).
On September 30, 2016, the Central Office denied
Petitioner's appeal. (See Id. at p. 23).
appears to argue in his § 2241 petition that he is
entitled to credit on his violation of supervised release
sentence for the time he spent in custody between May 1, 2009
and November 12, 2009. Section 2241 “confers habeas
jurisdiction to hear the petition of a federal prisoner who
is challenging not the validity but the execution of his
sentence.” Coady v. Vaughn, 251 F.3d 480, 485
(3d Cir. 2001). This Court has jurisdiction under § 2241
to consider a claim that the BOP has miscalculated a
sentence. See Blood v. Bledsoe, 648 F.3d
203, 206 (3d Cir. 2011), cert. denied, 132 S.Ct.
1068 (2012); Woodall v. Fed. Bureau of Prisons, 432
F.3d 235, 242 (3d Cir. 2005).
district court sentences a federal offender, the BOP has the
exclusive authority for administering the sentence. See
United States v. Wilson, 503 U.S. 329, 335 (1992);
Bueno v. United States, 537 Fed.Appx. 18, 19 (3d
Cir. 2013) (“The authority to calculate a federal
sentence and provide credit for time served has been
delegated to the Attorney General, who acts through the
BOP.”). Pursuant to 18 U.S.C. § 3584(c), the BOP
shall treat multiple terms of imprisonment ordered to run
consecutively by the district court as a single, aggregate
term of imprisonment.
calculate a federal sentence, “the BOP first determines
when the sentence commenced and then determines whether the
prisoner is entitled to any credits toward his
sentence.” Blood, 648 F.3d at 207. A
sentence's commencement date is governed by 18 U.S.C.
§ 3585(a), which provides that a “sentence to a
term of imprisonment commences on the date the defendant is
received in custody awaiting transportation to ... the
official detention facility at which the sentence is to be
the second step of calculating a federal sentence, a
defendant receives credit for time spent in custody
“prior to the date the sentence commences ... that has
not been credited against another sentence.” 18 U.S.C.
§ 3585(a) & (b). “In other words, a federal
prisoner can receive credit for certain time spent in
official detention before his sentence begins, as long as
that time has not been credited against any other sentence.
Section 3585(b) makes clear that prior custody credit cannot
be double counted.” See Williams v.
Zickefoose, 504 Fed.Appx. 105, 107 (3d Cir. 2012) (per
curiam) (citing Wilson, 503 U.S. at 337).
the BOP properly determined the start date of
Petitioner's federal sentence was November 13, 2009, the
date on which he was sentenced by the Eastern District of New
York. The BOP aggregated Petitioner's consecutive
sentences of 105 months and 2 years for a total term of 10
years and 9 months, and then deducted from that term 196 days
of jail time credit (from May 1, 2009 through November 12,
2009). Under § 3585, Petitioner is not permitted to
receive “double credit” for his time in custody.
Petitioner has not presented any ...