United States District Court, W.D. Kentucky, Louisville Division
MEMORANDUM OPINION AND ORDER
N. Stivers, Judge.
matter is before the Court on Defendant's Motion to
Review Judgment (DN 57). For the reasons outlined below, the
motion is DENIED.
February 8, 2012, Defendant Daniel Lacy (“Lacy”)
was arrested and charged with manufacturing methamphetamine,
child endangerment, complicity to the possession drug
paraphernalia, and complicity to the possession of marijuana.
After pleading guilty, Lacy was sentenced to a term of
incarceration of fifteen years by the Nelson Circuit Court,
Kentucky, on September 21, 2012.
November 20, 2013, a federal grand jury indicted Lacy on one
count of the unlawful transport of firearms, and one count of
unlawfully receiving a firearm that was not registered.
(Indictment 1-2, DN 1). On January 28, 2014, Lacy was
transferred to the custody of the United States Marshal's
Service pursuant to a writ of habeas corpus ad prosequendum.
(Def.'s Mot. Review J. Ex., at 1, DN 57-1; Writ Habeas
Corpus Ad Prosequendum, DN 7). On November 10, 2014, Lacy
pleaded guilty to both federal counts, and the Court
subsequently imposed the following sentence:
The defendant is hereby committed to the custody of the
United States Bureau of Prisons to be imprisoned for a total
term of 92 months as to each of Counts 1 and 2 in the
Indictment, which shall run concurrently. The term of
imprisonment shall run concurrently with the sentence of
imprisonment the defendant is presently serving in Nelson
Circuit Court, Case No. 12-CR-67. Since the conduct in Nelson
Circuit Court Case No. 12-CR-67 is relevant conduct to the
instant offense of conviction, the defendant will be credited
with 23 months and 20 days for which he was incarcerated
prior to entering federal custody. Therefore, he
is committed to the custody of the Bureau of
Prisons for a term of 68 months and 10 days.
(J. & Commitment Order 1, 3, DN 47). The period of
incarceration was also to be followed by two years of
supervised release. (J. & Commitment Order 4).
the record provides little information of what transpired
following Lacy's sentencing in federal court, he is
currently incarcerated at Federal Correctional Institution
Schuylkill (“FCI Schuylkill”), which is located
in Minersville, Pennsylvania. During his incarceration, he
requested a review of the calculation of his sentence.
(Def.'s Mot. Review J. Ex., at 1). In particular, Lacy
requested credit for time served beginning on September 21,
2012. (Def.'s Mot. Review J. Ex., at 1). After his
request was denied, the National Inmate Appeals Administrator
(“NIA Administrator”) also denied the appeal on
the basis that Lacy had already received credit for his time
in state custody when he was sentenced in federal court.
(Def.'s Mot. Review J. Ex., at 1-2). In noting that Lacy
was not entitled to the credit, the NIA Administrator also
Furthermore, at the time your federal sentence was imposed,
you were in the service of an undischarged term of
imprisonment in the state of Kentucky and in federal custody
pursuant to a writ. Be advised that time spent in custody
under a writ of habeas corpus from non-federal custody will
not in and of itself be considered for the purpose of
crediting sentence time. The primary reason for
“writ” custody is not the federal charge; the
federal Court merely “borrows” the prisoner under
the provisions of the writ for secondary custody.
(Def.'s Mot. Review J. Ex., at 2).
present motion, Defendant challenges the calculation of the
Bureau of Prisons (“BOP”) of the term of his
federal sentence and is seeking credit for the fourteen-month
period prior to his federal sentencing. (Def.'s Mot.
Review J. 1, DN 57).
Attorney General, through the BOP, is the individual
authorized to grant credit for any presentence detention.
See United States v. Wilson, 503 U.S. 329, 333
(1992). Whether a federal inmate receives credit on a federal
sentence for prior custody is governed by 18 U.S.C. §
3585(b). In relevant part, the statute provides:
A defendant shall be given credit toward the service of a
term of imprisonment for any time he has spent in official
detention prior ...