United States District Court, E.D. Kentucky, Southern Division, London
MEMORANDUM OPINION & ORDER
GREGORY F. VAN TATENHOVE, District Judge.
Manuel Arnulfo Sanchez is an inmate confined in the Federal Correctional Institution-Manchester located in Manchester, Kentucky. Proceeding without counsel, Sanchez has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging the manner in which the Bureau of Prisons ("BOP") has calculated his federal sentence. [R. 1.] Sanchez contends that the BOP erroneously refuses to credit his federal sentence with eight months and twenty days of prior custody credit. Sanchez has paid the $5.00 filing fee. [R. 2.]
The Court conducts an initial review of habeas corpus petitions. 28 U.S.C. § 2243; Alexander v. Northern Bureau of Prisons, 419 F.App'x 544, 545 (6th Cir. 2011). The Court must deny the petition "if it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief." Rule 4 of the Rules Governing § 2254 Cases in the United States District Courts (applicable to § 2241 petitions pursuant to Rule 1(b)). The Court evaluates Sanchez's petition under a more lenient standard because he is not represented by an attorney. Erickson v. Pardus, 551 U.S. 89, 94 (2007); Burton v. Jones, 321 F.3d 569, 573 (6th Cir. 2003). At this stage, the Court accepts Sanchez's factual allegations as true, and liberally construes his legal claims in his favor. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007). Having reviewed the § 2241 petition, the Court must deny it because Sanchez has not set forth grounds entitling him to the credit he seeks on his federal sentence.
The following is a chronological summary of Sanchez's state and federal convictions, based on information contained in his § 2241 petition and attachments thereto; information contained in the federal judiciary's PACER online database, and information contained in the public records of the Circuit Court of Boone County, Kentucky.
March 28, 2006: Sanchez was charged in the Boone Circuit Court with Trafficking in a Controlled Substance in the First Degree, First Offense, while in Possession of a Firearm (Count I), and with Possession of Drug Paraphernalia, First offense, while in Possession of a Firearm (Count II). Commonwealth of Kentucky v. Manuel Arnulfo Sanchez, No. 06-CR-122 ("the State Court Criminal Case"). The date of both charged offenses was listed as January 26, 2006.
August 14, 2006: A federal indictment was returned in Nashville, Tennessee, charging Sanchez and numerous other defendants with conspiracy to distribute and possess with intent to distribute one kilogram of a Schedule I controlled substance between April 1, 2005, and August 14, 2006. United States v. Manuel Arnulfo Sanchez, No. 3:06-CR-144-17 (M. D. Tenn. 2006) ("the Federal Criminal Case").
August 16, 2006: The Boone Circuit Court sentenced Sanchez to a six and one-half year prison sentence for Trafficking in a Controlled Substance in the First Degree and Possession of Drug Paraphernalia ("the State Sentence").
February 15, 2007: A writ of habeas corpus ad prosequendem was issued in the Federal Criminal Case for Sanchez's initial appearance on March 9, 2007. [R. 275, therein.]
September 29, 2008: Sanchez was sentenced in the Federal Criminal Case to a 120-month prison term for Conspiracy to Distribute and Possess with Intent to Distribute One Kilogram or More of Heroin ("the Federal Sentence"). [R. 705, therein.] The court did not order the Federal Sentence to run concurrently with the State Sentence.
June 18, 2009: Sanchez satisfied the State Sentence and state officials in Kentucky released Sanchez to the custody of the United States Marshals Service ("USMS") to begin serving the Federal Sentence.
April 22, 2011: The BOP's Designation and Sentence Computation Center ("DSCC") wrote a letter to Sanchez stating that it had denied his request, pursuant to Barden v. Keohane, 921 F.2d 476 (3d Cir. 1990),  for a nunc pro tunc (retroactive) designation of the facility where he was in state custody between September 29, 2008, and June 18, 2009. [R. 1-1 at 3.] Had the DSCC granted Sanchez's request, it in essence would have credited the Federal Sentence with eight months and twenty days of time that Sanchez spent in state custody serving the State Sentence.
The DSCC explained that when the Federal Sentence was imposed on September 29, 2008, Sanchez was at that time subject to an undischarged term of imprisonment, i.e., the State Sentence which had been previously imposed on August 16, 2006; that the district court did not order or mandate that the Federal Sentence should run concurrently with the State Sentence; and that 18 U.S.C. § 3584(a) provides in relevant part, "Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms are to run concurrently." [R. 1-1.] The DSCC further explained that the denial of Sanchez's request for a retroactive designation was consistent with BOP Program Statement 5880.28, Sentence Computation Manual (CCCA of 1984), which provides that when a federal sentence is ...