Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lewis v. Warden, Federal Correctional Institution

United States District Court, D. New Hampshire

January 30, 2018

Darnell L. Lewis
v.
Warden, Federal Correctional Institution, Berlin, New Hampshire

          REPORT AND RECOMMENDATION

          Andrea K. Johnstone United States Magistrate Judge.

         Darnell Lewis, who appears pro se, petitioned this court for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, while he was an inmate at the Federal Correctional Institution in Berlin, New Hampshire (“FCI-Berlin”). In his petition, Lewis claims that the federal Bureau of Prisons (“BOP”) has improperly calculated the term of his incarceration. Specifically, he contends that the BOP erred by failing to give him credit against his federal sentence for time he spent in the custody of the United States Marshals Service (“USMS”) between April 14, 2009, and January 1, 2010. Before this magistrate judge for a report and recommendation is respondent's second motion for summary judgment. Petitioner objects. For the reasons that follow, respondent's motion should be denied.

         Summary Judgment Standard

         “Summary judgment is appropriate only when the record, read in the light most favorable to the nonmovant, presents no genuine issue as to any material fact and reflects the movant's entitlement to judgment as a matter of law.” Morse v. Cloutier, 869 F.3d 16, 22 (1st Cir. 2017) (citing Fed.R.Civ.P. 56(a); Schiffmann v. United States, 811 F.3d 519, 512 (1st Cir. 2016)).

         Background

         On April 14, 2009, Lewis was arrested in Michigan on drug charges by officers of the Kalamazoo Police Department on drug charges. At the time, he was on parole from a sentence for a prior state conviction. Two days after Lewis was arrested, on April 16, 2009, an assistant county prosecutor sent a fax to the county jail, directing the jail to release Lewis “to the custody of the U.S. Marshall's Office . . . as the [state] charges against [him] . . . will be dismissed to due to [his] Federal indictment[].” Resp't's Mot. Summ. J., Ex. A., Attach. A (Doc. No. 18-1), at 2. “There was no writ of habeas corpus prosequendum issued by the federal court ordering Michigan to produce Lewis to answer the federal charge.” Resp't's Mot. Summ. J. (Doc. No. 14), at 1. On the same day that the assistant prosecutor sent the fax quoted above, Lewis was: (1) released by the county jail to the USMS; and (2) arrested by the federal Drug Enforcement Agency (“DEA”).

         An Individual Custody/Detention Report (“ICDR”) prepared by the USMS shows that Lewis was in the custody of the USMS from April 16 to December 29, 2009. See Resp't's Mot. Summ. J., Ex. A, Attach. B (Doc. No. 18-2), at 3. “On December 29, 2009, [Lewis] was returned to state custody with the federal judgment lodged as a detainer.” Id., Ex. A, Woods-Coleman Decl. (Doc. No. 18) at ¶ 8. “On May 11, 2010, [Lewis] paroled from his Michigan state sentence into the custody of the USMS for service of his federal sentence.” Id. at ¶ 9. At some point, the BOP performed a sentence calculation using May 11, 2010, as the starting date for Lewis's federal incarceration. Thus, the time between Lewis's arrest by the DEA on April 16, 2009, and his return to state custody on December 29 was not credited toward his federal sentence.

         The summary judgment record includes an April 26, 2011, email exchange between a BOP inmate classification and computation technician and a specialist in the Central Records Section at the MDOC. In the first e-mail, the BOP technician made the following request for information:

This inmate paroled from MDOC on 04/03/2007. He violated his parole on 4/14/2009. Was he given credit from 04/14/2009-05/11/2010 when he [was] discharged from his MDOC parole violation or was there a break in his credit during that time. He believes he is entitled to credit from us [i.e., BOP] for some of that time. Please verify his MDOC credit.

Resp't's Mot. Summ. J., Ex. A, Attach. C (Doc. No. 14-1), at 2.

         The MDOC records specialist responded:

There has been no break in service on his Michigan sentence. He has received credit since July 17, 1998 and continues to be credited with service toward his maximum term while in your custody.

Id. The content of that e-mail was confirmed two days later, in a letter from another MDOC employee. See id., Attach. H (Doc. No. 18-8), at 2.

         In September 2015, Lewis asked the BOP for credit against his federal sentence for the time he spent in the custody of the USMS between April 14, 2009, and January 1, 2010.[1] His request generated this response:

On 04-14-09 you were arrested by state PD and taken to jail for Delivery of Controlled Substance. The DEA interviewed you inside the jail the same day. You were released to USM[S] custody on 04-16-2009. On 04-14-2009 your parole violation was entered into the data system and you were sent back to continue your state prison term until you paroled on 5-11-2010, which is the same day your computation began with the Bureau of Prisons. You were primary state custody until the date of parole.

Pet. (Doc. No. 1) at 9.

         Dissatisfied with that response, Lewis began the process of seeking an administrative remedy from the BOP. In his initial inmate request, he stated, in pertinent part:

This petitioner asserts that he was initially arrested by the federal authorities and was then taken to the local jail for processing and holding purposes. This movant is relying on Barden v. [K]eohane, [according] to which the BOP has the discretion to retroactively designate a state prison as the place of a prisoners confinement to serve a federal sentence under 18 U.S.C. § 3621(b).

Pet. at 10. The BOP responded as follows:

A review was conducted and found that on April 14, 2009, you were arrested by Michigan State Police and taken to Kalamazoo County Jail, for the Delivery of Control Substance. The same day you were questioned by the Drug Enforcement Administration. On April 14, 2009, your Parole Violation was entered into Michigan Department of Corrections data system. On April 16, 2009, you were released, inadvertently, to United States Marshal Service. The Kalamazoo County Jail had no information pertaining to your Parole Violation that had been entered on April 14, 2009. You were considered primarily state custody and you were sent back to the state to complete your probation violation until you were paroled ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.