United States District Court, W.D. Louisiana, Alexandria Division
DEE D. DRELL
REPORT AND RECOMMENDATION
H.L. Perez-Montes United States Magistrate Judge
the Court is a Petition for Writ of Habeas Corpus under 28
U.S.C. § 2241 filed by pro se Petitioner Daniel Dante
McMorris (“McMorris”) (#39422-044). McMorris is
an inmate in the custody of the Federal Bureau of Prisons
(“BOP”), incarcerated at the Federal Correctional
Institution in Pollock, Louisiana. McMorris challenges the
calculation of his sentence by the BOP.
McMorris has been afforded all the credit to which he is
entitled, his Petition (Doc. 1) should be DENIED and
DISMISSED WITH PREJUDICE.
was arrested by police in St. Louis County, Missouri on
October 8, 2011, for unlawful use of a weapon, possession of
a firearm by a felon, and child endangerment. (Doc. 1-3, p.
2). He was released on bond the same day. (Doc. 1-3, p. 2).
On October 26, 2011, McMorris was arrested for aggravated
stalking, and remained in custody. (Doc. 1-3, p. 2).
April 3, 3012, McMorris was temporarily transferred to the
United States Marshals Service pursuant to a writ of habeas
corpus ad prosequendum. (Doc. 1-2, p. 2; No. 4:12-cr-104,
E.D. Mo., Docs. 3, 4). McMorris pleaded guilty in the United
States District Court for the Eastern District of Missouri to
possession of a firearm by a convicted felon and tampering
with a witness, victim, or informant. (No. 4:12-cr-104, E.D.
Mo., Doc. 44). On November 19, 2012, McMorris was sentenced
to a term of 100 years of imprisonment on each count, to run
concurrently with one another. (No. 4:12-cr-104, E.D. Mo.,
Doc. 53). Following sentencing, McMorris was returned to
state custody. (Doc. 1-3, p. 2).
February 1, 2013, McMorris was sentenced to a four-year term
of imprisonment for aggravated stalking. (Doc. 1-3, p. 2).
Shortly thereafter, McMorris's parole was revoked in a
prior criminal case. (Doc. 1-3, p. 2). McMorris was released
on parole to the BOP for commencement of the federal sentence
on October 25, 2013. (Doc. 1-3, p. 2).
the BOP initially determined that McMorris's sentence
commenced the date he was received in federal custody-October
23, 2015-McMorris sought additional credit through the
administrative remedy process, and his request was granted.
The BOP contacted the sentencing judge, who advised that he
intended for McMorris's federal sentence to run
concurrent to McMorris's future state sentence. (Doc.
1-3, p. 3). The BOP then adjusted the commencement date of
McMorris's sentence to the date it was imposed-November
19, 2012. (Doc. 1-3, p. 3).
now seeks credit for time spent in custody prior to the
imposition of his federal sentence, from October 26, 2011 to
November 19, 2012. (Doc. 1, p. 6).
Law and Analysis
authority to grant or deny credit for time served is
specifically reserved to the U.S. Attorney General, who has
delegated that responsibility to the BOP. See U.S. v.
Wilson, 503 U.S. 329 (1992). Even though the BOP
determined the federal and state sentences are concurrent,
the earliest date a federal sentence may commence to run is
the date it is imposed. See United States v. Flores,
616 F.2d 840, 841 (5th Cir. 1980). Therefore, the BOP
determined that McMorris's sentence commenced on the
earliest date possible-the date of imposition. McMorris
received credit for all time served from that date.
seeks credit toward his federal sentence for time spent in
custody prior to the date his federal sentence
commenced-specifically, from October 26, 2011 to November 19,
2012. Under 18 U.S.C. § 3585(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 ...