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Jackson v. McConnell

United States District Court, W.D. Louisiana, Alexandria Division

September 12, 2018

PATRICK ALAN JACKSON, Petitioner
v.
CHRIS MCCONNELL, Respondent

          DEE D. DRELL, JUDGE

          REPORT AND RECOMMENDATION

          JOSEPH H.L. PEREZ-MONTES, UNITED STATES MAGISTRATE JUDGE

         Before the Court is a petition for writ of habeas corpus (28 U.S.C. § 2241) filed by pro se Petitioner Patrick Alan Jackson (“Jackson”) (#26361-078). Jackson is an inmate in the custody of the United States Bureau of Prisons (“BOP”), incarcerated at the Federal Correctional Institution in Pollock, Louisiana. Jackson challenges the calculation of his sentence by the BOP, the legality of his sentence imposed in the United States District Court for the Eastern District of Texas, and his counsel's performance at sentencing.

         This Court lacks jurisdiction over Jackson's challenge to the legality of his term of imprisonment and his counsel's performance, so that portion of Jackson's petition should be dismissed without prejudice. Jackson's challenge to the BOP's computation of his sentence is meritless, and should be denied and dismissed with prejudice.

         I. Background

         On August 5, 2015, Jackson was arrested by Beaumont, Texas authorities for possession of a controlled substance. (Doc. 1-2, p. 7). On October 26, 2015, Jackson's probation was revoked, and Jackson was sentenced to a six-year term of imprisonment in the Criminal District Court of Jefferson County Docket No. 10-10417. (Doc. 1-2, p. 7). Jackson was also sentenced to a concurrent term of imprisonment in another state case. (Doc. 1-2, p. 7).

         On May 20, 2016, while in state custody, Jackson was “borrowed” by federal authorities pursuant to a federal writ of habeas corpus ad prosequendum in the Eastern District of Texas. (Doc. 1-2, p. 7). Jackson entered a guilty plea and was convicted of conspiracy with intent to distribute 280 grams or more of cocaine base. (1:15-cr-119, E.D. Tex., Doc. 537). Jackson was sentenced to a 120-month term of imprisonment, specifically ordered to run consecutive to his sentence imposed in Jefferson County Docket Number 10-10417. (1:15-cr-119, E.D. Tex., Doc. 537). Jackson did not appeal his conviction or sentence.

         In his § 2241 petition, Jackson argues that he is entitled to federal credit for the time spent in federal custody under the writ of habeas corpus ad prosequendum. Jackson also argues that the federal court erred in failing to order concurrent sentences, and that his attorney rendered ineffective assistance in failing to adequately argue for a lesser or concurrent sentence. (Doc. 1, p. 6).

         II. Law and Analysis

         A. Jackson is not entitled to federal credit for time served on his state sentence.

         Title 18 U.S.C. § 3585 provides that a sentence 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. It also provides that 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).

         Jackson's federal sentence commenced on June 27, 2017, the date he was received in exclusive federal custody. (Doc. 1-2, p. 4). Although Jackson was in temporary federal custody pursuant to a federal writ of habeas corpus ad prosequendum from May 20, 2016, through May 25, 2017, the writ did not deprive state authorities of primary jurisdiction. A writ of habeas corpus ad prosequendum permits one sovereign to temporarily “borrow” a person in the custody of another sovereign for the purpose of prosecution. The writ is only a “loan” of the prisoner to another jurisdiction for criminal proceedings in the receiving jurisdiction. See Causey v. Civiletti, 621 F.2d 691, 693 (5th Cir. 1980) (citing United States v. Kipp, 232 F.2d 147 (7th Cir. 1956)).

         The time during which Jackson was in “borrowed” federal custody was credited toward his state sentence. (Doc. 1-2, p. 8). Pursuant to § 3585(b), this time cannot also be credited toward his federal sentence. See Vignera v. Attorney General of the United States, 455 F.2d 637, 638 (5th Cir. 1972) (prisoner is not entitled to credit towards a federal sentence for the time spent in a federal detention center under a writ of habeas corpus ad prosequendum if the prisoner received credit for such time on his state sentence). Therefore, Jackson has received all the credit to which he is entitled.

         B. This Court lacks jurisdiction over Jackson's challenge to the length of his sentence and ...


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