Opinion

Ford, Jr. v. Bradley

Court
District Court, M.D. Pennsylvania
Filed
Apr 28, 2023
Cited by
0 cases
Authority
More cited than 29.2%

noting that “federal detainer alone” must be the basis for petitioner’s continued state custody for petitioner to receive credit

How later courts described this case

  • noting that “federal detainer alone” must be the basis for petitioner’s continued state custody for petitioner to receive credit
  • “A challenge to the BOP’s execution of a sentence is properly brought under 28 U.S.C. § 2241.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ALFRED L. FORD, JR., : CIVIL ACTION NO. 1:22-CV-600

:

Petitioner : (Judge Conner)

:

v. :

:

WARDEN BRADLEY, :

:

Respondent :

MEMORANDUM

This is a habeas corpus case filed pursuant to 28 U.S.C. § 2241. Petitioner,

Alfred L. Ford, Jr., asserts that the United States Bureau of Prisons (“BOP”) has

improperly calculated his sentence. On March 6, 2023, we issued an order in which

we recognized that there were questions of fact as to which sovereign exercised

primary custody over Ford during the relevant period from October 31, 2018 to

February 5, 2021 and directed respondent to produce additional evidence that was

relevant to those questions. Having reviewed the additional evidence, we will deny

Ford’s petition with prejudice.

I. Factual Background & Procedural History

Ford is serving a 54-month sentence of imprisonment imposed by the United

States District Court for the Eastern District of Missouri for conspiracy to commit

access device fraud, attempted use of an unauthorized access device, and

aggravated identity theft. See United States v. Ford, No. 1:18-CR-633, Doc. 121

(E.D. Mo. Oct. 30, 2019). He is presently incarcerated by the BOP in the Canaan

United States Penitentiary (“USP-Canaan”).

Ford was arrested pursuant to his federal charges on August 10, 2018 and

was released on bond on August 17, 2018. (Doc. 13-1 at 2, 6). At the time of his

arrest, Ford was on parole based on an earlier Pennsylvania sentence. (See Doc. 1-

1 at 4; Doc. 13-1 at 25). On October 31, 2018, he was arrested by the Upper Merion

Township Police Department in Upper Merion, Pennsylvania pursuant to an

outstanding arrest warrant issued by the state of Ohio. (Doc. 13-1 at 2, 8). He was

transferred later that day to Montgomery County Correctional Facility. (Id. at 2,

11). The United States Marshals issued a detainer arising from his federal charges

on November 7, 2018, asserting that Ford violated the terms of his pretrial release.

(Doc. 1-3). Ford was scheduled for extradition to Ohio on November 14, 2018, but

was remanded to Montgomery County Correctional Facility when he refused to

waive extradition. (Id. at 2, 17).

On December 4, 2018, the Eastern District of Missouri issued a writ of habeas

corpus ad prosequendum. (Id. at 3, 22-23). Ford was transferred to the Eastern

District of Missouri pursuant to the writ on December 11, 2018. (Id. at 3, 5). Ford

pleaded guilty to conspiracy to commit access device fraud, attempted use of an

unauthorized access device, and aggravated identity theft on January 16, 2019.

Ford, No. 1:18-CR-633, Docs. 38-40. The court sentenced him to 54 months of

imprisonment on April 17, 2019. Id., Doc. 59. The court’s judgment stated that the

sentence would begin to run “today,” but also stated that it would run consecutively

to Ford’s Ohio sentence. Id. Ford remained in federal custody pursuant to the writ

of habeas corpus ad prosequendum until June 26, 2019. (Doc. 7-1 at 4, 7). On May 2,

2019, the Eastern District of Missouri issued an amended judgment of sentence,

which stated that Ford’s sentence would run consecutive to his Pennsylvania

sentence. Ford, No. 1:18-CR-633, Doc. 64.

On June 12, 2019, Pennsylvania issued a warrant for Ford’s arrest to begin

proceedings to revoke his parole. (Doc. 13-1 at 3, 25). On June 26, 2019, he was

transferred to Pennsylvania custody pursuant to the warrant. (Doc. 13-1 at 3, 6).

His federal conviction was lodged as a detainer. (Id.) The Pennsylvania Board of

Probation and Parole revoked his parole on September 10, 2019 and sentenced him

to twelve months in a state correctional institution. (Doc. 13-1 at 3, 27). On October

30, 2019, the Eastern District of Missouri issued a second amended judgment of

sentence, removing the clause in the original judgment of sentence stating that the

sentence would begin "today." Ford, No. 1:18-CR-633, Doc. 121.

On February 24, 2020, Ford was sentenced in Ohio to twelve months of

imprisonment with 222 days credited towards the sentence. (Id. at 3, 30). He

remained in Pennsylvania custody. (See Doc. 7-1 at 20). On July 16, 2020, his Ohio

sentence ended while he was in Pennsylvania custody. (Doc. 13-1 at 3, 33). On

February 5, 2021, Ford was transferred from Pennsylvania custody to federal

custody. (Doc. 7-1 at 5, 7, 20). The BOP computed his federal sentence to begin on

February 5, 2021, with credit applied for the period he was in federal custody from

August 10, 2018 to August 17, 2018. (Doc. 7-1 at 5, 22).

Ford filed the instant petition on April 21, 2022, and the court received and

docketed the petition on April 25, 2022. (Doc. 1). Ford asserts he is entitled to credit

towards his federal sentence from November 7, 2018 to February 5, 2021 because

the November 7, 2018 detainer issued by the United States Marshals was the only

reason for his confinement in Pennsylvania during that period. (Doc. 1-1 at 4-6). He

additionally seeks nunc pro tunc designation of the Pennsylvania prisons in which

he was detained as the place for him to complete his federal sentence pursuant to

BOP Program Statement 5160.05, Barden v. Keohane, 921 F.2d 476 (3d Cir. 1990),

and United States Sentencing Guideline § 5G1.3. (Doc. 1-1 at 6-10).

Respondent responded to the petition on May 23, 2022. (Doc. 7). Respondent

argues that the petition should be denied on its merits because the BOP has

properly computed Ford’s sentence and he is not entitled to a nunc pro tunc

designation of the place for completion of his sentence. (Id.) Ford filed a reply brief

on June 10, 2022. (Doc. 8).

Ford subsequently moved for leave to submit additional documentary

evidence related to his arrest by the Upper Merion Police Department and

requested an evidentiary hearing. (Docs. 9-10). On March 6, 2023, the court granted

the motion for leave to submit additional evidence, denied the request for an

evidentiary hearing without prejudice, and required respondent to submit

additional documentary evidence. (Doc. 12). The court recognized that there were

questions of fact as to what legal basis justified Ford’s detention from October 31,

2018 to February 5, 2021, and as to what sovereign retained jurisdiction over Ford

during that period, and accordingly directed respondent to submit relevant

evidence from the Commonwealth of Pennsylvania, the state of Ohio, and the

Eastern District of Missouri that could resolve these questions. (Id.) The court

noted that if further proceedings demonstrated the need for an evidentiary hearing

the court would reconsider its denial of the request for a hearing either sua sponte

or on motion by Ford. (Id.) Respondent timely submitted additional evidence on

April 6, 2023. (Doc. 13). Having now reviewed the additional evidence, the court

will deny the petition with prejudice for the reasons stated below.

II. Discussion

Claims that the BOP has failed to properly calculate a sentence are

cognizable in petitions for writ of habeas corpus pursuant to 28 U.S.C. § 2241. See

Burkey v. Mayberry, 556 F.3d 142, 146 (3d Cir. 2009) (“A challenge to the BOP’s

execution of a sentence is properly brought under 28 U.S.C. § 2241.”). Whether the

petitioner is entitled to credit for custody prior to the commencement of his federal

sentence is governed by 18 U.S.C. § 3585(b), which states:

A defendant shall be given credit toward the service of a term of

imprisonment for any time he has spent in official detention prior to

the date the sentence commences—

(1) as a result of the offense for which the sentence was imposed;

or

(2) as a result of any other charge for which the defendant was

arrested after the commission of the offense for which the

sentence was imposed;

that has not been credited against another sentence.

18 U.S.C. § 3585(b).

Section 3585(b) prohibits inmates from receiving “double credit.” Rios v.

Wiley, 201 F.3d 257, 272 (3d Cir. 2000), superseded by statute in nonrelevant part as

recognized in United States v. Saintville, 218 F.3d 246, 247-49 (3d Cir. 2000). Thus,

petitioners generally may not receive credit towards their federal sentence for time

spent in the primary custody of a state before the commencement of their federal

sentence. Id. at 272; Taccetta v. BOP, 606 F. App’x 661, 663 (3d Cir. 2015)

(nonprecedential).1 States may relinquish primary custody by releasing a petitioner

on bail, dismissing the charges against him, or granting him parole. Taccetta, 606 F.

App’x at 663. Petitioners temporarily transferred to federal custody pursuant to a

writ of habeas corpus ad prosequendum remain in the primary custody of the state

from which they were transferred. Rios, 201 F.3d at 274.

We find that the BOP properly computed Ford’s sentence. The record shows

that Ford remained in the primary custody of either the state of Ohio or the

Commonwealth of Pennsylvania during the relevant period between November 7,

2018 and February 5, 2021. Beginning on October 31, 2018, Ford was detained in

Pennsylvania pending extradition to Ohio arising from his pending Ohio charges.

(Doc. 13-1 at 2, 8). Although the United States Marshals issued a detainer against

him arising from his pending federal charges on November 7, 2018, nothing in the

record demonstrates that Ohio relinquished its primary jurisdiction over Ford such

that the federal detainer was the only basis for his detention.

Ford remained in Pennsylvania custody pursuant to his Ohio arrest warrant

until December 11, 2018, when he was transferred to federal custody pursuant to

the Eastern District of Missouri’s writ of habeas corpus ad prosequendum. (Doc.

13-1 at 3, 5, 22-23). Ford’s period of temporary federal detention pursuant to the

1 The court acknowledges that nonprecedential decisions are not binding

upon federal district courts. Citations to nonprecedential decisions reflect that the

court has carefully considered and is persuaded by the panel’s ratio decidendi.

writ from December 11, 2018 to June 26, 2019 did not relinquish Ohio’s primary

custody over him. See Rios, 201 F.3d at 274.

Ford was transferred back to Pennsylvania custody on June 26, 2019,

pursuant to an arrest warrant for the revocation of his Pennsylvania parole. (Doc.

13-1 at 3, 6, 25). He remained in Pennsylvania custody due to his parole revocation

proceedings and resulting sentence until February 5, 2021, when he was transferred

to the BOP to begin serving his federal sentence. (See Doc. 13-1 at 3, 5-7, 20, 25, 27).

Thus, from June 26, 2019 to February 5, 2021, Ford was either in the primary

custody of Ohio pursuant to his pending charges in that state or the primary

custody of Pennsylvania pursuant to the Commonwealth’s parole revocation

proceedings. The court need not decide which state exercised primary custody

over Ford during this period; it is sufficient for present purposes that the United

States was not exercising primary custody over him during the relevant period

because he was in the primary custody of either Ohio or Pennsylvania.

Ford argues he should be given credit towards his sentence pursuant to

Willis v. United States, 438 F.2d 923 (5th Cir. 1971). Willis and a similar case, Kayfez

v. Gasele, 993 F.2d 1288 (7th Cir. 1993), which are applied nationwide pursuant to

BOP policy, create a narrow exception to Section 3585(b)’s prohibition on double

credit when an inmate is serving concurrent state and federal sentences and the

state sentence is set to expire before the federal sentence. See Taccetta, 606 F.

App’x at 664. The cases recognize that because Section 3585(b) prohibits double

credit, credit against the concurrent state sentence for time in state custody would

not confer any benefit on the inmate “except that he would be serving only one

sentence instead of two concurrent ones.” Id. (internal alterations omitted)

(quoting Kayfez, 993 F.2d at 1290). Inmates can thus receive credit towards their

federal sentence for the time spent in state custody. Id.

The Willis rule applies only when (1) the state and federal sentences are

concurrent; and (2) the “effective full term”—i.e., the full sentence length not

including any potential time credits—of the state sentence is equal to or shorter

than the federal sentence. Id. The Kayfez rule applies only when (1) the state and

federal sentences are concurrent; and (2) the effective full term of the state sentence

is shorter than the federal sentence once qualified presentence time has been

applied to the sentence. Id.

Ford is not entitled to credit under Willis or Kayfez. The sentencing court’s

order required Ford’s federal sentence to be served consecutive to his state

sentence. Ford, No. 1:18-CR-633, Docs. 59, 64, 121. Neither Willis nor Kayfez credit

applies when a petitioner’s federal sentence is to run consecutive to his state

sentence. McKenstry v. Warden Fairton FCI, 618 F. App’x 733, 735 n.4 (3d Cir.

2015) (nonprecedential); Arias v. Wigen, 537 F. App’x 23, 24 (3d Cir. 2013)

(nonprecedential).

Ford additionally requests credit on the theory that his federal detainer was

the only reason he remained in state custody. Multiple panels of our court of

appeals have recognized that BOP inmates may receive credit towards their

sentence if they are denied state bail because of a federal detainer. See, e.g., Nieves

v. Scism, 527 F. App’x 139, 142 (3d Cir. 2013) (nonprecedential); Shahid v. Schultz,

272 F. App’x 150, 153 (3d Cir. 2008) (nonprecedential). But see Bueno v. United

States, 537 F. App’x 18, 19 (3d Cir. 2013) (nonprecedential) (noting that legal theory

supporting award of credits for inmates denied bail because of federal detainer was

based on interpretation of provision of 18 U.S.C. § 3568 that was superseded by 18

U.S.C. § 3585 and that such credits are no longer appropriate under Section 3585);

Castro v. Sniezek, 437 F. App’x 70, 72-73 (3d Cir. 2011) (nonprecedential) (same).

Assuming, arguendo, that such credit may be applied, Ford is not entitled to

the credit because the record shows that his federal detainer was not the sole

reason for his state confinement. See Nieves, 527 F. App’x at 142 (noting that

“federal detainer alone” must be the basis for petitioner’s continued state custody

for petitioner to receive credit). As detailed above, the record demonstrates that at

all times during the relevant period from November 7, 2018 to February 5, 2021

Ford was detained either pursuant to his Ohio charges or his Pennsylvania parole

revocation proceedings and was not detained solely because of his federal detainer.

Finally, Ford seeks nunc pro tunc designation of the Pennsylvania prisons in

which he was detained as the place for him to complete his federal sentence

pursuant to BOP Program Statement 5160.05, Barden, 921 F.2d at 476, and United

States Sentencing Guideline § 5G1.3. (Doc. 1-1 at 6-10).

To the extent Ford relies on Barden and BOP Program Statement 5160.05,

we find that he is not entitled to habeas corpus relief. In Barden, our court of

appeals held that the BOP has statutory discretion to designate a state prison as the

place of confinement for an inmate’s federal sentence and that the BOP is therefore

obligated to consider an inmate’s request for such a designation. Barden, 921 F.2d

at 478. The BOP considered Ford’s request to designate Pennsylvania state

facilities as the place of his confinement, but denied the request because the

sentencing court ordered his federal sentence to run consecutive to his state

sentence. (See Doc. 1-9 at 2). Under Program Statement 5160.05(9)(f), the BOP will

not grant a request to designate a state prison as the place of confinement when the

sentencing court has ruled that the inmate’s federal sentence is to run consecutive

to his state sentence. (Doc. 7-2 at 8-9). The BOP’s deference to the sentencing

court’s consecutive sentence order satisfies its obligation under Barden to consider

Ford’s request. See Goodman v. Grondolsky, 427 F. App’x 81, 83 (3d Cir. 2011)

(nonprecedential) (holding petitioner was not entitled to nunc pro tunc designation

of state prison as place of confinement for federal sentence because sentencing

judge ordered federal sentence to run consecutive to state sentence and Program

Statement 5160.05 stated that BOP would not grant request for designation where

sentencing judge had imposed a consecutive sentence).

Ford’s argument also fails to the extent it is based on United States

Sentencing Guideline § 5G1.3 because this court does not have jurisdiction to grant

the requested relief. Claims that a sentencing court erred in applying Section 5G1.3

are not appropriately raised in a Section 2241 habeas corpus petition. See, e.g.,

Howard v. Longley, 532 F. App’x 116, 118 (3d Cir. 2013) (nonprecedential); Savage v.

Zickefoose, 446 F. App’x 524, 525 (3d Cir. 2011) (nonprecedential); Hassan v.

Sniezek, 379 F. App’x 232, 235 (3d Cir. 2010) (nonprecedential).

III. Conclusion

We will deny the petition (Doc. 1) for writ of habeas corpus with prejudice.

An appropriate order follows.

/S/ CHRISTOPHER C. CONNER

Christopher C. Conner

United States District Judge

Middle District of Pennsylvania

Dated: April 28, 2023

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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