Modlin v. Hambrick

793 F. Supp. 136, 1992 U.S. Dist. LEXIS 9865, 1992 WL 150703
CourtDistrict Court, E.D. Kentucky
DecidedJune 17, 1992
DocketCiv. A. No. 92-005
StatusPublished

This text of 793 F. Supp. 136 (Modlin v. Hambrick) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Modlin v. Hambrick, 793 F. Supp. 136, 1992 U.S. Dist. LEXIS 9865, 1992 WL 150703 (E.D. Ky. 1992).

Opinion

MEMORANDUM OPINION

FORESTER, District Judge.

I. INTRODUCTION

The court is in receipt of the Report and Recommendation filed by U.S. Magistrate Judge James F. Cook, who considered Petitioner’s pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 and reported that Petitioner was seeking credit for time spent on bond in a halfway house. The magistrate judge recommended dismissal of this petition without prejudice because this court had no jurisdiction to consider Petitioner’s claims for relief under 28 U.S.C. § 2241. The magistrate judge reported that the petition filed under § 2241 for an award of sentencing credit under 18 U.S.C. § 3585 must be presented to the sentencing court.

The record reflects that the Respondent has filed objections to the magistrate judge’s recommendation that her habeas corpus petition be dismissed on jurisdictional grounds. The Respondent advises that a recent decision by the United States Supreme Court, United States v. Wilson, — U.S.-, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992), gives this court the authority to consider the merits of the instant habeas petition. Therefore, the Respondent submits that this action should be considered on the merits rather than dismissed for lack of jurisdiction.

In light of Respondent’s objections, the court has conducted a de novo review of the record.

II. FACTUAL BACKGROUND

The record reflects that Petitioner was charged with committing the offense of misprision of felony, in violation of 18 U.S.C. § 4. As a result of this charge, Petitioner arrested by the U.S. Marshal in the Eastern District of Arkansas on August 22, 1990. Petitioner was released on her own personal recognizance bond on August 22, 1990. Subsequently, on August 27, 1990, the conditions of Petitioner’s release on bond were modified to include residence at St. Francis House, a community corrections center in Little Rock, Arkansas.

Petitioner resided in St. Francis House as a condition of her bond from August 28, 1990 until November 14, 1990. Thereafter, on January 1, 1991, Petitioner was convicted of driving while intoxicated, in specific violation of her bond conditions. Consequently, Petitioner’s bond was revoked and she returned to St. Francis House on January 10, 1991.

On March 28, 1991, Petitioner was sentenced by the United States District Court for the Eastern District of Arkansas to a term of twenty-seven (27) months on her conviction for violating 18 U.S.C. § 4. Taking into consideration good-conduct-time, Petitioner has a projected release date of March 12, 1993.

A. Claim presented in habeas petition

Petitioner submits that the time she resided in the St. Francis House from August 28, 1990 to November 14, 1990 (as a condition of her bond) and from January 10, 1991 to March 28, 1991 (after her bond was revoked) constitutes “official detention” under 18 U.S.C. § 3585 so as to entitle her to credit for 156 days against her sentence.

B. The magistrate judge’s report and recommendation

The magistrate judge did not consider the merits of this petition filed under 28 U.S.C. § 2241 because the magistrate judge concluded that this court had no jurisdiction to consider Petitioner’s claim. The magistrate judge reported that Petitioner’s claim should be presented to the [138]*138sentencing court in a petition filed pursuant to 28 U.S.C. § 2255, which authorizes the filing of a habeas corpus petition in the sentencing court.

Relying on United States v. Wilson, 916 F.2d 1115 (6th Cir.1990), cert. granted, — U.S. -, 112 S.Ct. 48, 116 L.Ed.2d 26 (1991), the magistrate judge concluded that the award of credit for presentencing credit under 18 U.S.C. § 3585 is the sole responsibility of the sentencing court, which in this case was the United States District Court for the Eastern District of Arkansas. Therefore, the magistrate judge determined that this court had no jurisdiction to consider this petition filed under 28 U.S.C. § 2241 that should be filed with the' sentencing court under 28 U.S.C. § 2255.

C. Respondent’s objections

The basis for the Respondent’s objections to the magistrate judge’s report and recommendation stems from United States v. Wilson, — U.S.-, 112 S.Ct. 1351, 117 L.Ed.2d 593 (1992), which held that it is the Attorney General, rather than the sentencing court, who is charged with the responsibility of determining sentencing credit for the amount of time spent in custody prior to sentencing. Therefore, in view of United States v. Wilson, supra, the Respondent contends that this action should not be dismissed without prejudice for lack of jurisdiction and that this court does have jurisdiction to consider Petitioner’s claim for credit on her sentence for the time she resided in the St. Francis House.

D. Applicable law

The pertinent statute relating to sentencing credit is 18 U.S.C. § 3585(b), which became effective on November 1, 1987 and replaced 18 U.S.C. § 3568. In analyzing Petitioner’s claim for credit on her sentence, the court is guided by United States v. Becak, 954 F.2d 386 (6th Cir.1992), which analyzed a claim for credit similar to Petitioner’s herein as follows:

Section 3585 became effective for crimes committed on or after November 1, 1987. Prior to the enactment of section 3585, credit for presentence custodial time was governed by former 18 U.S.C. § 3568. Section 3568 mandated sentence credit for any days spent “in custody.” The language “in custody” was replaced by “official detention” in section 3585. The Court interpreted “in custody” to require physical incarceration. Marrera v. Edwards, 812 F.2d 1517 (6th Cir.1987). We have yet to interpret the term “official detention.”

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Related

United States v. Wilson
503 U.S. 329 (Supreme Court, 1992)
Ralph Marrera v. Calvin Edwards
812 F.2d 1517 (Sixth Circuit, 1987)
United States v. Raymond Woods
888 F.2d 653 (Tenth Circuit, 1989)
United States v. Richard Wilson
916 F.2d 1115 (Sixth Circuit, 1991)
United States v. Lisa Insley
927 F.2d 185 (Fourth Circuit, 1991)
United States v. Joseph G. Zackular
945 F.2d 423 (First Circuit, 1991)
United States v. Howard Becak
954 F.2d 386 (Sixth Circuit, 1992)
Keyes v. San Francisco Probation Department
494 U.S. 1006 (Supreme Court, 1990)

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Bluebook (online)
793 F. Supp. 136, 1992 U.S. Dist. LEXIS 9865, 1992 WL 150703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/modlin-v-hambrick-kyed-1992.