West requested as relief an additional 497 days of credit to his sentence. By order and opinion dated April 19, 2007, the United States District Court for the District of South Dakota, Judge Lawrence L. Piersol, denied West's § 2241 petition, ruling that the BOP has properly calculated his sentence and that West has been granted all of the credit to which he was entitled under the judgment entered by Judge Cassell. West v. Whitehead, 484 F. Supp. 2d 1011 (D.S.D. 2007). The BOP has awarded West 63 days of prior custody credit towards his federal sentence.
Frankly, the court finds it difficult to understand the correct application of these credits, which generally relate to prior custody credit in instances where a concurrent state sentence runs for a shorter time than a federal sentence. See, e.g., West v. Whitehead, 484 F.Supp.2d 1011, 1013 n.2 (D.S.D. 2007) (noting that “Kayfez is difficult to understand” and determining that it was “impossible from the record to tell whether or not any Kayfez time [was] warranted, and if so, how much.”).