United States District Court, E.D. Kentucky, Southern Division, London
MEMORANDUM OPINION & ORDER
Gregory F. Van Tatenhove United States District Judge.
Joboyd Undre Gibson is an inmate currently confined at the
Federal Correctional Institution (FCI)-Manchester, located in
Manchester, Kentucky. Proceeding without an attorney, Mr.
Gibson filed a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2241, challenging the calculation of his
prior custody credits by the Bureau of Prisons (BOP). [R. 1.]
This matter is before the Court to conduct the screening
required by 28 U.S.C. § 2243. Alexander v. Northern
Bureau of Prisons, 419 Fed.Appx. 544, 545 (6th Cir.
petition will be denied “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 Mr. Gibson's petition under a more
lenient standard because he is not represented by an
attorney. Erickson v. Pardus, 551 U.S. 89, 94
(2007). At this stage of the proceedings, the Court accepts
the petitioner's factual allegations as true and
liberally construes all legal claims in his favor. Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007).
to Mr. Gibson, he was arrested on June 2, 1997 in Winston
County, Mississippi, in Case # 6222/1 for possession of
marijuana. [R. 1-1 at 2.] While he was released on bond prior
to sentencing in that case, he was arrested again by
Mississippi law enforcement officers on January 22, 1998, for
possession of marijuana with intent to distribute, Case #
98-026-CR1. Id. During this arrest, officers found a
number of firearms that later formed the basis for
Gibson's subsequent federal charges. Id. On
April 27, 1998, Mr. Gibson was sentenced to a two-year term
of imprisonment in No. 6222/1. Id. On September 1,
1998, while he was serving his two-year sentence, he was
sentenced in Lowndes County Circuit Court, Case # 98-026-CR1,
to a term of imprisonment of six years without parole or
probation. Id. After sentencing in both cases, Mr.
Gibson was returned to the custody of the Mississippi
Department of Corrections. Id. at 3.
December 11, 1998, while serving his state sentences, Mr.
Gibson was charged in an indictment issued by a federal grand
jury in the United States District Court for the Northern
District of Mississippi with one count of being a convicted
felon who knowingly conspired to make false statements to
unlawfully acquire firearms in violation of 18 U.S.C.
§§ 922(a), (g) and 924 (a) (Count 1); knowingly
disposing of a loaded firearm to a convicted felon in
violation of 18 U.S.C. § 922(d) (Count 2); being a
convicted felon knowingly in possession of a loaded firearm
in violation of 18 U.S.C. § 922(g) (Counts 3 and 6);
knowingly making false written statements to purchase
firearms in violation of 18 U.S.C.§§ 922(a) and 924
(Count 4); and knowingly disposing of firearms to a convicted
felon in violation of 18 U.S.C. § 922(d) (Counts 5 and
7). [United States v. Gibson, No.
1:98-cr-120-NBB-DAS-1 (N. D. Miss. 1998), R. 1.]
his federal criminal proceedings, he remained in the primary
custody of the Mississippi Department of Corrections,
appearing in federal court pursuant to various writs of
habeas corpus ad prosequendum. [Id., R. 24,
R. 29, R. 36, R. 39, R. 49.] On September 16, 1999, after
pleading guilty to Counts 1 and 6 pursuant to a plea
agreement with the United States, Gibson was sentenced to a
term of imprisonment of 60 months on Count 1 and 120 months
on Count 6, to be served consecutively to each other and to
Mr. Gibson's imprisonment under any previous state or
federal sentence. [Id., R. 54.] After sentencing,
Mr. Gibson was returned to the custody of the Mississippi
Department of Corrections. [Id., R. 56.]
serving his state sentence, Mr. Gibson was charged with
possession of a controlled substance within a correctional
facility in Case # 2000 33CR/2 and conspiracy in Case # 2000
33CR/3. [R. 1-1 at 2.] Accordingly, on May 16, 2000, he was
sentenced to a term of imprisonment of seven years in the
custody of the Mississippi Department of Corrections.
Id. On January 18, 2013, Mr. Gibson completed his
state sentences and was released to federal authorities to
commence his federal sentence. Id.
Gibson's has previously sought relief from his
consecutive federal sentence in the federal sentencing court
and been denied, first in a motion for reconsideration of the
judgment [United States v. Gibson, No.
1:98-cr-120-NBB-DAS, R. 57], and then via various motions
seeking his federal sentence run concurrently with his state
sentence. [Id., R. 59-R. 64.] In its December 18,
2013 Order denying Mr. Gibson relief, the sentencing court
noted that circumstances had not changed since the time it
originally imposed Mr. Gibson's sentence, at which time
“the court exercised its discretion and determined that
the 180-month sentence should be served consecutive to
Gibson's state sentence.” [Id., R. 66 at
Gibson now seeks relief in this court, challenging the
BOP's calculation of the commencement date of his federal
sentence. [R. 1.] According to Mr. Gibson, the BOP prepared a
sentence computation commencing Gibson's sentence on
January 18, 2013, for a term of 180 months with no prior
custody credit. Id. Mr. Gibson argues that this is
incorrect. Mr. Gibson states after he was arrested by state
officials for possession of marijuana on June 2, 1997 in Case
# 6222/1, he was released on bond. [R. 1-1 at 2.] While he
was on bond, but before he had been sentenced with respect to
his 1997 arrest, he “was then rearrested on January 22,
1998, by law enforcement officers with the State of
Mississippi for Possession of Marijuana with Intent to
Distribute, Case #98-026-CR1.” Id. It was
during the January 22, 1998 arrest that the firearms were
found that later led to his federal charges for which he was
indicted in December 1998. However, according to Mr. Gibson,
by releasing him on bond in 1997, the state officials
relinquished custody of him, thus federal officials had
primary custody of him upon his arrest on January 22, 1998.
Id. at 1. Thus, Mr. Gibson seeks prior custody
credit for the time he has served since January 22, 1998, the
date that he claims his federal sentence actually commenced.
Id. In effect, this relief would provide Mr. Gibson
with the concurrent federal sentence he has previously been
denied by the sentencing court.
the Court will deny Mr. Gibson's petition as entirely
without merit. Calculation of a federal prisoner's
sentence, including both its commencement date and any
credits for custody before the sentence is imposed, is
determined 18 U.S.C. § 3585, which provides as follows:
(a) A sentence to a term of imprisonment commences on the
date the defendant is received in custody awaiting
transportation to, or arrives voluntarily to commence service
of sentence at, the official detention facility at which the
sentence is to be served.
(b) 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
(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 ...