Parveg Ahmed v. M.J. Bayless

Summary

The United States District Court for the District of Maryland denied the respondent’s motion for summary judgment in Parveg Ahmed’s 28 U.S.C. § 2241 petition. Ahmed sought credit under 18 U.S.C. § 3585(b) for 73 days spent in foreign custody before his federal arrest and sentencing. The court held that the record did not establish that the time had been credited against another sentence and contained genuine factual disputes concerning the basis for his foreign detention.

Holdings

1. Summary judgment for the respondent was improper because the record contained genuine disputes concerning the basis for Ahmed's foreign detention and did not establish that the 73 days had been credited against another sentence.
2. Under the plain text of § 3585(b), prior official detention must be credited toward a federal sentence if it resulted either from the offense for which the sentence was imposed or from an arrest for any other charge occurring after the commission of that offense, so long as the time was not credited against another sentence.
3. A federal prisoner may use a petition under 28 U.S.C. § 2241 to challenge the Bureau of Prisons' execution or calculation of the prisoner's sentence.

Questions Presented

1. Whether the respondent was entitled to summary judgment on Ahmed's § 2241 petition challenging the Bureau of Prisons' refusal to credit 73 days of foreign official detention toward his federal sentence.
2. Whether 18 U.S.C. § 3585(b) requires credit for prior official detention when the detention resulted either from the offense of conviction or from an arrest for another charge occurring after the commission of the offense of conviction, provided the time was not credited against another sentence.
3. Whether the record established that Ahmed's foreign detention was not official detention or that the time had been credited against another sentence.

Disposition

denied