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 under 28
U.S.C. § 2241 filed by pro se Petitioner Lukner
Blanc (#06662-104) (“Blanc”). Blanc is an inmate
in the custody of the United States Bureau of Prisons
(“BOP”), incarcerated at the Federal Correctional
Institution in Pollock, Louisiana. Blanc challenges the
computation of his sentence by the BOP.
Blanc has received all the sentencing credit to which he is
entitled, his § 2241 Petition (Doc. 1) should be DENIED.
was arrested by Florida authorities on state charges in 2012.
(Doc. 1-2, p. 5). He was transferred to federal custody
pursuant to a writ of habeas corpus ad prosequendum on August
21, 2014. (Doc. 1-2, p. 9; 9:14-cr-80114, S.D. Fla.; Docs.
was convicted in federal court of conspiracy to steal
government funds, stealing government funds, wire fraud, and
aggravated identity theft. United States v. Placide,
686 Fed.Appx. 803, 805 (11th Cir. 2017), cert. denied sub
nom. Blanc v. United States, 138 S.Ct. 458; 199 L.Ed.2d
337 (2017). Blanc was sentenced to a total term of 192 months
of imprisonment. (9:14-cr-80114, S.D. Fla.; Doc. 354).
Following sentencing, Blanc was returned to Florida
authorities. (Doc. 1-2, p. 9).
March 1, 2018, Blanc was sentenced to concurrent five-year
and 1, 949-days state terms of imprisonment, with credit for
all time spent in custody. (Doc. 1-2, p. 5). The state
sentences were, effectively, “time served”
sentences. (Doc. 1-2, p. 5).
filed a request for nunc pro tunc designation with
the BOP. Blanc was advised that the BOP would “seek the
position of the federal sentencing court” and,
“should the court order, recommend, or otherwise
indicate the federal term is to operate concurrently with the
state term, ” the sentence computation would be updated
accordingly. (Doc. 1-2, p. 10).
Law and Analysis
authority to grant or deny credit for time served is
specifically reserved to the United States Attorney General,
who has delegated that responsibility to the BOP. See
U.S. v. Wilson, 503 U.S. 329 (1992). The district court
may review a challenge to the BOP's refusal to grant
credit or make such a designation in a § 2241 petition.
See Pierce v. Holder, 614 F.3d 158, 160 (5th Cir.
federal judgment is silent regarding whether sentences are to
run concurrently or consecutively, the presumption is that
they will run consecutively unless the court specifically
orders that they run concurrently. See 18 U.S.C.
§ 3584(a); U.S. v. Jack, 566 Fed.Appx. 331, 332
(5th Cir. 2014); Free v. Miles, 333 F.3d 550, 553
(5th Cir. 2003). At the time of Blanc's sentencing, the
federal court did not order his federal sentence to run
concurrently with the future state sentence. (9:14-cr-80114,
S.D. Fla.; Doc. 354). Therefore, the sentences are presumed
to run consecutively. Moreover, Blanc filed a motion in the
sentencing court requesting a nunc pro tunc or
concurrent designation of his sentence. (9:14-cr-80114, S.D.
Fla.; Doc. 414). The motion was denied. (9:14-cr-80114, S.D.
Fla.; Doc. 415).
federal prison sentence generally begins on the date the
defendant is received into custody. See 18 U.S.C.
§ 3585(a). Blanc was in the primary custody of the State
of Florida due to his 2012 arrest. He was temporarily
transferred to federal authorities pursuant to a writ of
habeas corpus ad prosequendum. See Causey v.
Civiletti, 621 F.2d 691, 693 (5th Cir. 1980) (a writ of
habeas corpus ad prosequendum only constitutes a
“loan” of the prisoner to another jurisdiction).
Therefore, the BOP determined Blanc's sentence commenced
after his state sentencing, when he was transferred from the
State of Florida to federal authorities.
prisoner shall only 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, if it has
not been credited against another sentence. See 18
U.S.C. § 3585(b). Because the time spent in primary
state custody was credited toward the ...