United States District Court, D. New Jersey
Olushegun Onikosi, No. 58999-054 Petitioner Pro se
Jessica R. O'Neill, Esq. Office of the United States
Attorney Counsel for Respondent
L. Hillman, U.S.D.J.
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.
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.
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
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.
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.
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. 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.
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.
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). Id.
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 and was
transferred to federal custody for service of his federal
sentence pursuant to the previously lodged federal detainer.
ECF No. 4 at 4.
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 ...