United States District Court, W.D. Louisiana, Alexandria Division
REPORT AND RECOMMENDATION
H.L. PEREZ-MONTES, UNITED STATES MAGISTRATE JUDGE
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
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.
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 On October 26, 2015, Jackson's probation was
revoked, and Jackson was sentenced to a six-year term of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).
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.
§ 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).
Law and Analysis
Jackson is not entitled to federal credit for time served
on his state sentence.
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).
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)).
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.
This Court lacks jurisdiction over Jackson's
challenge to the length of his sentence and ...