Opinion
Case No. 3:19-cv-00541-AA
02-19-2020
RICKY JOE ARCHULETA, Petitioner, v. JOSIAS SALAZAR, Warden, FCI Sheridan, Respondent.
OPINION AND ORDER :
Petitioner, a former inmate at the Federal Correctional Institution in Sheridan, Oregon, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner alleges that the Bureau of Prisons (BOP) failed to give him sufficient credit for time served in state custody. The petition is denied.
To obtain relief under § 2241, "a petitioner must first, 'as a prudential matter,' exhaust his or her available administrative remedies." Singh v. Napolitano, 649 F.3d 899, 900 (9th Cir. 2011) (per curiam). Respondent maintains that petitioner did not file any administrative remedy requests, and petitioner concedes he did not exhaust the administrative process. See Giddings Decl. ¶ 4 (ECF No. 7). Accordingly, the petition could be denied on this ground alone.
Regardless of exhaustion, petitioner is not entitled to habeas relief. Petitioner contends he should have received credit toward his federal sentence for the time he was in state custody and awaiting the date of his federal sentencing. Pet. at 7-8 (ECF No. 1). However, the time petitioner spent in state custody was credited toward his 180-day state sentence for a drug offense, Giddings Decl. ¶ 17, and petitioner is statutorily prohibited from receiving credit toward his federal sentence when that time was credited toward his state sentence. 18 U.S.C. § 3585(b) (authorizing credit "for any time [a defendant] has spent in official detention prior to the date the sentence commences" that "has not been credited against another sentence").
In sum, BOP has no discretion to award petitioner credit for time served in state custody because that time was credited toward another sentence. See United States v. Wilson, 503 U.S. 329, 334 (1992).
CONCLUSION
Petitioner's Motion Pursuant to 28 U.S.C. § 2241 (ECF No. 1) is DENIED and this case is DISMISSED.
DATED this 19 day of February, 2020.
/s/_________
Ann Aiken
United States District Judge