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Onikosi v. Ortiz

United States District Court, D. New Jersey

February 8, 2019

OLUSHEGUN ONIKOSI, Petitioner,
v.
WARDEN DAVID ORTIZ, Respondent.

          Olushegun Onikosi, No. 58999-054 Petitioner Pro se

          Jessica R. O'Neill, Esq. Office of the United States Attorney Counsel for Respondent

          OPINION

          Noel L. Hillman, U.S.D.J.

         Petitioner Olushegun Onikosi (“Petitioner”), a prisoner presently incarcerated at the Federal Correctional Institution at Fort Dix in Fort Dix, New Jersey, has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (the “Petition”). ECF No. 1. Petitioner's sole grievance raised in the Petition is that he has not received credit towards his federal sentence for time previously served in federal custody. See ECF No. 1. By order of Court, Respondent filed an Answer to the Petition (the “Answer”). ECF No. 4. Petitioner has not filed a reply to the Answer. The Petition is ripe for disposition. For the reasons stated below, the Petition will be denied.

         I. BACKGROUND

         On April 13, 2010, Petitioner was arrested by New York state authorities on charges of grand larceny, aggravated identity theft, criminal possession of stolen property, identity theft, and possession of forged instruments. ECF No. 4-1 at 1. Petitioner was released from state custody on bond three days later. Id. at 1-2.

         On January 12, 2012, Petitioner was arrested by federal authorities and charged in the U.S. District Court for the Eastern District of New York with conspiracy and bank fraud in violation of 18 U.S.C. §§ 1349 and 1344. See No. 12-cr-118 (E.D.N.Y.). On January 20, 2012, Petitioner was released from custody on those charges on $100, 000 bond. See No. 18-cv-9920, ECF No. 4-1 at 2 (D.N.J.).

         While released on his federal charges, Petitioner was tried and convicted on the pending state charges on January 9, 2013. ECF No. 1 at 1-2. After his conviction, he was remanded to the custody of the State of New York. ECF No. 4-1 at 2.

         Shortly thereafter, on February 4, 2013, the U.S. District Court for the Eastern District of New York issued a federal writ of habeas corpus ad prosequendum directing the U.S. Marshals Service to produce Petitioner from the custody of the State of New York to federal court on February 8, 2013, to address his federal criminal charges. See No. 12-cr-118, ECF No. 19 (E.D.N.Y.). Petitioner was produced in federal court pursuant to the writ and pled guilty on February 8, 2013, to one count of attempt and conspiracy to commit mail fraud. See No. 12-cr-118 (E.D.N.Y.) (minute entry dated 2/8/2013); No. 18-cv-9920, ECF No. 1 at 1.

         On February 21, 2013, Petitioner was sentenced on his state charges in New York State court to 3 to 6 years of imprisonment on three counts; 2 to 4 years on three other counts; and 1 year on the final count, with all sentences to run concurrently.[1] ECF No. 4-1 at 2-3. On October 18, 2013, he was sentenced to a sixty-three month term of imprisonment followed by five years of supervised release for his federal charges, to be served consecutively to the state sentences. ECF No. 1 at 2.

         After he was sentenced on his federal charges, Petitioner remained in a federal detention center on the previously issued writ. ECF No. 4 at 4. On or about July 6, 2016, Petitioner was released from the federal writ and returned to state custody, specifically to the Manhattan Detention Center, a state corrections facility. Id. See also ECF No. 4-2 at 26. Also at that time, a federal detainer directed to the Manhattan Detention Center was lodged against Petitioner for his federal conviction and sentence. ECF No. 4-2 at 39.

         After his return to state custody, New York computed his state sentence and release dates, including assessing and applying prior jail credit for time in custody. See ECF No. 4-2 at 18-20. Petitioner was awarded jail credit towards his state sentence for the following time periods in which he was in custody: April 13, 2010 through April 16, 2010 (4 days for time spent on state arrest before release on bond); January 9, 2013 through February 5, 2013 (28 days for time spent in state custody after his state court conviction but before being produced on the writ of habeas corpus ad prosequendum for his federal charges); February 6, 2013 through July 5, 2016 (1, 246 days for time spent in the federal detention center on the federal writ); and July 6, 2016 through August 18, 2016 (43 days for time spent in the Otis Bantum Correctional Center before transfer to be received at a state correctional institution).[2] Id.

         As part of the computation, New York anticipated that Petitioner would receive two years of good conduct time, with a conditional release date of January 1, 2017, and a maximum expiration of sentence date of January 1, 2019. Id. at 18. After receiving his sentencing computation and application of jail credits to his state sentences, Petitioner remained in a state correctional institution to satisfy the duration of his state sentence. On December 30, 2016, Petitioner completed his state sentence[3] and was transferred to federal custody for service of his federal sentence pursuant to the previously lodged federal detainer. ECF No. 4 at 4.

         When Petitioner entered federal custody, the Federal Bureau of Prisons calculated his federal sentence. In calculating Petitioner's federal sentence, the BOP reviewed the calculations that the State of New York had performed and the custodial credits New York had awarded towards Petitioner's state sentence, outlined supra. Id. at 5. According to the BOP's calculations, Petitioner has a projected ...


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