United States District Court, D. Colorado
T. BABCOCK JUDGE
matter is before me on an Application for a Writ of Habeas
Corpus filed pursuant to 28 U.S.C. §2241, by the
Applicant, Joshua Johnson, a federal prisoner appearing pro
se. [Doc #5] In this application, Mr.
Johnson asserts that the Bureau of Prisons (the
“BOP”) erred when computing his federal sentence.
Specifically, he asserts that the BOP only credited him with
103 days for pre-sentence time he served while in detention
in Colorado jurisdictions prior to the commencement of his
federal sentence. Mr. Johnson contends that he should be
credited with 331 days. After consideration of the petition,
the response filed by the Respondent, the United States of
America [Doc #15], and the reply file by Mr. Johnson [Doc
#21], I DENY the application for the reasons set forth below.
action brought by a federal prisoner pursuant to 28 U.S.C.
§2241 is one that challenges the execution of a sentence
as “the traditional function of the writ is to secure
release from illegal custody.” Preiser v.
Rodriguez, 411 U.S. 475, 484, 93 S.Ct. 1827, 36 L.E.2d
439 (1973); see also McIntosh v. United States Parole
Comm'n, 115 F.3d 809, 811 (10th Cir. 1997). A
challenge to the calculation of a federal prison sentence is
properly brought under §2241. See Bloomgren v.
Belaski, 948 F.2d 688 (10th Cir. 1991).
of a federal prison sentence - including the extent to which
a defendant can receive credit for time spent in custody
prior to commencement of his sentence - is governed by 18
U.S.C. §3585, which provides as follows:
(a) Commencement of sentence. -A sentence to a term of
imprisonment commences on the date the defendant is received
in custody awaiting transportation to, or arrives voluntarily
to commence service of sentence at, the official detention
facility at which the sentence is to be served.
(b) Credit for prior custody. A defendant shall be given
credit toward the service of a term of imprisonment for any
time he has spent in official detention prior to the date the
(1) as a result of the offense for which the sentence was
(2) as a result of any other charge for which the defendant
was arrested after the commission of the offense for which
the sentence was imposed; that has not been credited against
Attorney General, through the BOP, is responsible for making
the sentence calculation contemplated by §3585.
United States v. Wilson, 503 U.S. 329, 337, 112
S.Ct. 1351, 117 L.E.2d 593 (1992).
relevant here, Section 3585(b)(2) allows an inmate to use
time served in custody prior to the imposition of the federal
sentence when the custody was “as a result of any other
charge for which the defendant was arrested after the
commission of the offense for which the sentence was imposed;
that has not been credited against another sentence.”
The last clause provides that prior time spent in custody
cannot be credited toward a federal sentence if it was used
to satisfy another sentence. The Supreme Court has made clear
that inmates are not allowed to “double count”
credit. U.S. v. Wilson, supra, 503 U.S. at
Johnson was arrested and taken into custody by the Thornton
Colorado Police Department on September 20, 2011. Plaintiff
was held in Adams County Colorado from that time until May
25, 2012. For a portion of his detention time in Adams
County, he was placed in the temporary custody of the United
States Marshals on a federal writ of habeas corpus ad
prosequendum. This temporary custody on the writ was from
November 3, 2011 to May 25, 2012. On May 25, 2012, Mr.
Johnson was transported back to Adams County where he pled
guilty and was sentenced on state charges brought by Adams
one-half months later, on August 16, 2012, Mr. Johnson was
given a 120-month federal sentence in the U.S. District Court
for the District of Colorado while on temporary federal
custody on another writ of habeas corpus ad prosequendum.
Five days later, on August 21, 2012, he was returned to state
custody in Adams County. Then, ...