Almuminum Marrow v. Warden FCI Schuylkill

Summary

The United States District Court for the Middle District of Pennsylvania denied without prejudice Almuminum Marrow’s 28 U.S.C. § 2241 petition challenging the Bureau of Prisons’ calculation of prior custody credit. The court held that the requested presentence detention credit had already been applied to a state sentence and therefore could not also be credited against the federal sentence under 18 U.S.C. § 3585(b). The court explained that Marrow may instead seek nunc pro tunc designation of the state institution for concurrent service of his federal sentence under BOP Program Statement 5160.05 and Barden v. Keohane.

Holdings

1. A state that first acquires custody of a defendant retains primary custodial jurisdiction when the defendant is temporarily transferred to federal authorities under writs of habeas corpus ad prosequendum.
2. Marrow was not entitled to federal prior-custody credit for the August 3, 2021, to June 20, 2024, detention period because that time had already been credited against his state sentence; the remaining eligible days had already been credited to his federal sentence.
3. Although Marrow could not obtain additional prior-custody credit under § 3585(b), he may seek BOP nunc pro tunc designation of the state institution for concurrent service of his federal sentence.

Questions Presented

1. Whether temporary transfers to federal custody under writs of habeas corpus ad prosequendum displaced New Jersey's primary custodial jurisdiction.
2. Whether 18 U.S.C. § 3585(b) entitled Marrow to credit toward his federal sentence for state pretrial detention that had already been credited against his state sentence.
3. Whether Marrow could obtain alternative relief through a BOP nunc pro tunc designation of the state institution for concurrent service of his federal sentence.

Disposition

writ_denied