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Besic v. Pugh

United States District Court, Sixth Circuit

August 26, 2013

MARIO BESIC, Petitioner,
v.
MICHAEL PUGH, WARDEN, Respondent.

MEMORANDUM OF OPINION AND ORDER

DAN AARON POLSTER, District Judge.

Pro se Petitioner Mario Besic filed this Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. In the Petition (Doc. # 1), Besic asserts he is entitled to credit on his federal sentence for 47 days he spent in the custody of the Immigration and Customs Enforcement Agency ("ICE").

I. BACKGROUND

Besic's Petition is very brief. In its entirety, it states:

Mario Besic claim [sic] that on 7-6-2011, was sentence [sic] and seriously violation due process U.S. Const Fifth and Fourteenth Amendment, he was arrested while in INS custody and was spent 47 days, the court abused its discretion when was denied 47 days jail credit, the very essence of civil liberty certainly consist in the right laws.

(Doc. # 1 at 3.)

II. STANDARD OF REVIEW

Writs of habeas corpus "may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions." 28 U.S.C. § 2241(a). Section 2241 "is an affirmative grant of power to federal courts to issue writs of habeas corpus to prisoners being held in violation of the Constitution or laws or treaties of the United States.'" Rice v. White, 660 F.3d 242, 249 (6th Cir. 2011) (quoting Section 2241(c)). Because Petitioner is appearing pro se, the allegations in his Petition must be construed in his favor, and his pleadings are held to a less stringent standard than those prepared by counsel. Urbina v. Thoms, 270 F.3d 292, 295 (6th Cir. 2001). However, this Court may dismiss the Petition at any time, or make any such disposition as law and justice require, if it determines the Petition fails to establish adequate grounds for relief. Hilton v. Braunskill, 481 U.S. 770, 775 (1987); see also Allen v. Perini, 424 F.2d 134, 141 (6th Cir. 1970) (holding district courts have a duty to "screen out" petitions lacking merit on their face under Section 2243).

III. ANALYSIS

Once a defendant is sentenced in federal court, the Attorney General, through the Bureau of Prisons ("BOP"), is responsible for administering the sentence. See 18 U.S.C. § 3621(a). To compute a federal sentence, the BOP must first determine the commencement date of the federal sentence. By statute, a federal sentence 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." 18 U.S.C. § 3585(a). A federal sentence does not commence until a prisoner is actually received into federal custody solely for that purpose. Gonzalez v. Rushing, 4:12 CV1274, 2012 WL 2127728 (N.D. Ohio June 11, 2012).

Thereafter, the BOP must apply any jail-time credit to which the offender may be entitled under 18 U.S.C. § 3585(b). Specifically, 18 U.S.C. §3585(b) provides:

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 sentence commences-
(1) as a result of the offense for which the sentence was imposed; or
(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 ...

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