Summary
The United States District Court for the Southern District of Illinois conducted preliminary review of Raymond John Trice’s 28 U.S.C. § 2241 petition challenging the Bureau of Prisons’ computation of his sentence and credit for 268 days of pretrial detention. The court found that the petition was not plainly meritless, ordered the respondent to answer or otherwise plead by May 4, 2026, and directed service through the United States Attorney’s Office.
Holdings
- A petitioner may bring a petition under 28 U.S.C. § 2241 to challenge the fact or duration of confinement, including claims that the Bureau of Prisons improperly computed sentence credit.
- The petition survives preliminary review because it is not plainly apparent that the petitioner is not entitled to habeas relief; the respondent must answer or otherwise plead.
Questions Presented
- Whether a federal prisoner may use 28 U.S.C. § 2241 to challenge the Bureau of Prisons' computation of his sentence, including credit for pretrial detention.
- Whether the petition should be dismissed at preliminary review because it plainly appears that the petitioner is not entitled to habeas relief.
Disposition
other
Cases Cited (3)
- United States v. Trice, No. 1:23-cr-65-MTS (E.D. Mo.)(cited)
- Preiser v. Rodriguez, 411 U.S. 475, 490 (1973)(followed)
- Pope v. Perdue, 889 F.3d 410 (7th Cir. 2018)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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