United States District Court, W.D. Wisconsin
KENNETH A. JONES, Petitioner,
LOUIS WILLIAMS, II, Respondent.
OPINION AND ORDER
BARBARA B. CRABB District Judge.
prisoner Kenneth A. Jones filed a petition under 28 U.S.C.
§ 2241, seeking immediate release from custody on the
ground that the Bureau of Prisons failed to properly credit
him for time spent in federal custody prior to his revocation
and the imposition of a 21 month sentence on June 21, 2017 in
United States v. Jones, 11-cr-3110 (D. Neb.). In
previous orders, I stated that it was unlikely that
petitioner was entitled to relief because it appeared he was
requesting credit for time he spent at a halfway house, and
the Bureau of Prisons has the discretion to deny sentencing
credit for time spent in a halfway house. Dkt. ##3, 6.
However, because it was unclear whether petitioner had
received all of the sentencing credit to which he was due
under 18 U.S.C. § 3585(b), I ordered the government to
respond to the petition. After reviewing the government's
response, it is clear that the petition must be denied.
the following facts from the records submitted by the
government and from the docket in petitioner's underlying
was taken into state custody on August 22, 2016. Dkt. #11-1.
He was brought into federal custody on August 24, 2016, but
returned to state custody again on August 29, 2016. Dkt.
#11-2. On September 26, 2016, a federal judge issued an order
setting conditions of release. Dkt. #11-3. As part of those
conditions, if petitioner was released from state custody, he
was to remain in federal custody until an opening became
available at a half-way house in Council Bluffs, Iowa.
Id. On October 3, 2016, petitioner was released on
bond from state custody and was brought into primary federal
custody. Dkt. #11-2. He was placed into a halfway house on
November 18, 2016. Dkt. #11-10.
February 28, 2017, petitioner was arrested by the United
States Marshal Service for violating his conditions of
release. Dkt. ##11-1 and 11-2. On May 30, 2017, petitioner
was sentenced in state court to a 12-month term of
imprisonment, to run consecutively to the pending federal
sentence. Dkt. #11-4. In the state case, he received 38-days
of sentencing credit for the time he spend in pretrial
detention in state custody from August 22, 2016 to September
21, 2017, petitioner was sentenced in the United States
District Court for the District of Nebraska to a 21-month
term of imprisonment for violating the conditions of his
supervision. Dkt. #11-5. The sentence was ordered to run
consecutively to the Nebraska state sentence. Id.
The court recommended that the Bureau of Prisons give
petitioner credit for the time he was detained from August
24, 2016 to August 26, 2016, and August 29, 2016 to June 21,
2016, for a total of 300 days. Id. However, the
Bureau of Prisons gave petitioner only 164 days of sentence
credit. Dkt. #11-9. The Bureau did not give petitioner credit
for the 38 days of custody that had been credited to his
state sentence already or for the time petitioner spent at
the halfway house from November 18, 2016 to February 28,
current designation is the Federal Correctional Institution
in Oxford, Wisconsin. He has a projected release date of July
contends that he should have been given credit for the entire
300 days as recommended by the federal sentencing judge. In
response, the government argues that the petition should be
denied because (1) petitioner failed to exhaust his
administrative remedies; and (2) petitioner is not entitled
to credit for time credited against his state sentence or for
time spent in a halfway house. Because it is clear that the
petition fails on the merits, I need not address the
government's exhaustion argument. Cf. 28 U.S.C. §
2254(b)(2) (“An application for a writ of habeas corpus
may be denied on the merits, notwithstanding the failure of
the applicant to exhaust the remedies available in the courts
of the State.”).
18 U.S.C. § 3585(b), the Bureau of Prisons must apply
sentence credit for “any time [the defendant] has spent
in official detention prior to the date the sentence
commences” and “that has not been credited to
another sentence.” The question in this case is whether
the Bureau has to give credit under § 3585(b) for time
that petitioner spent at a halfway house pending his
revocation. The Supreme Court resolved this question in
Reno v. Koray, 515 U.S. 50 (1995), in which the
Court held that the Bureau did not have to give credit under
§ 3585(b) for time that a defendant spent at a community
treatment center while he had been released on bail. As the
Court explained, time spent under restrictive conditions of
release, such as home detention or at a halfway house, does
not constitute “official detention” as that term
is used in § 3585(b). Id. at 65. Rather,
“official detention” refers only to time spent in
the Bureau's custody pursuant to a “detention
order, ” not a “release order.”
Id. at 56-60. See also Ramsey v. Brennan,
878 F.2d 995, 996 (7th Cir. 1989) (upholding Bureau of
Prisons' policy denying sentencing credit for time spent
in halfway house); Schaefer v. Bezy, 199 F.Appx.
548, 551 (7th Cir. 2006) (“Schaefer is not entitled to
time credit for the forty-one days that he spent at the
Volunteers of America facility prior to his
imprisonment.”). Therefore, petitioner is not entitled
to sentence credit for the time he spent on release at a
halfway house. Accordingly, his petition for a writ of habeas
corpus will be denied.
Rule 11 of the Rules Governing Section 2254 Cases, the court
must issue or deny a certificate of appealability when
entering a final order adverse to a petitioner. But
“federal prisoners proceeding under § 2241 need
not obtain a certificate of appealability, ”
Sanchez-Rengifo v. Caraway, 798 F.3d 532, 535 n.3
(7th Cir. 2015), so I do not need to decide whether
petitioner is entitled to a certificate.
ORDERED that petitioner Kenneth A. Jones's petition for a
writ of habeas corpus ...