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  #1  
Old 03-15-2005, 11:43 AM
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danielle danielle is offline
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Default How do you get federal credit for time already served?

My husband and I have a friend who is serving 10 years in Mississippi for operating a chop shop.

After he was charged by the state he received a federal indictment for the same offense.

He pled guilty to the state's charges and was sent to a state prison.

While there the feds picked him up and held him for several months before he went to court and pled guilty to the federal charges.

The federal convictions are supposed to run concurrent to the state's convictions, but the feds are only giving him credit for the time he's served since pleading guilty to the federal charges.

Is there any way to get him credit for the time he served in federal custody or even the time he served in the state's custody, after his federal indictment?

Who would he need to contact and what would he need to do? He's back in the state's custody now and is coming up for release. He doesn't want to have to go back to federal prison once he's out of the state's custody.

Thanks for any help and advice!
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Old 03-15-2005, 02:03 PM
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Quote:
Originally Posted by danielle
The federal convictions are supposed to run concurrent to the state's convictions, but the feds are only giving him credit for the time he's served since pleading guilty to the federal charges.

I think that's pretty much how they do things. I know someone who was on state probation & federal supervised release. He violated in September. State got him first and he received 72 days. Feds sentenced him in January to 6 months and would not give him credit for time served since September. He's been locked up since September

Who would he need to contact and what would he need to do? He's back in the state's custody now and is coming up for release. He doesn't want to have to go back to federal prison once he's out of the state's custody.

Sounds like he needs to contact a lawyer, but I doubt that would really do him any good. If he still has time to do on him federal sentence, after getting out on his state sentence (and most likely he will since feds have to do 85% of the sentence) he's probably out of luck. I certainly don't know this for sure, this is just my guess.

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Old 03-15-2005, 08:15 PM
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Thanks for the information. I have zero experience with the feds and am simply asking for a friend. I'll pass it along to him.

Thanks again!
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Old 03-16-2005, 07:43 AM
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There is really only one thing that can be done - let me explain....

>According to federal statute an person serving a federal sentence is not allowed to receive credit toward their federal sentence for ANY time spent serving another sentence. Meaning, in your case, the time that your friend spent in federal custody (most likely on a federal writ ad pros) cannot be credited toward the federal sentence since this time was being applied toward the service of an already imposed (and serving) state sentence. It does not matter whether or not the sentences were ordered to run concurrent to each other or not. The only thing that concurrency does (in your friends case) is allow the federal sentence begin on the date that it was imposed.

> Now, here is the ONLY way that your friend would be able to receive 'credit' for the time that he spent in federal custody, and/or even the time that he has already spent serving the state sentence. The federal sentencing judge has the authority to 'adjust' his/her sentence when a federal sentence is imposed that is based on an offense for which the inmate is already serving a state sentence on. For example... If the inmate has already served 10 months on a state sentence for fraud, and he is then brought to federal court on similar (same) charges, and the sentencing guidelines 'recommend' that he receive a sentence of 24 months, then the federal judge can 'adjust' the federal sentence by subtracting the 10 months already served, and imposing a federal sentence of 14 months, concurrent to the state sentence. "whew" does that make any sense or did I just confuse you more?

Here is the relevant section from the US Sentencing Guidelines:

Chapter 5 - PART G - IMPLEMENTING THE TOTAL SENTENCE OF IMPRISONMENT

§5G1.3. Imposition of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment

(a) If the instant offense was committed while the defendant was serving a term of imprisonment (including work release, furlough, or escape status) or after sentencing for, but before commencing service of, such term of imprisonment, the sentence for the instant offense shall be imposed to run consecutively to the undischarged term of imprisonment.

(b) If subsection (a) does not apply, and a term of imprisonment resulted from another offense that is relevant conduct to the instant offense of conviction under the provisions of subsections (a)(1), (a)(2), or (a)(3) of §1B1.3 (Relevant Conduct) and that was the basis for an increase in the offense level for the instant offense under Chapter Two (Offense Conduct) or Chapter Three (Adjustments), the sentence for the instant offense shall be imposed as follows:

(1) the court shall adjust the sentence for any period of imprisonment already served on the undischarged term of imprisonment if the court determines that such period of imprisonment will not be credited to the federal sentence by the Bureau of Prisons; and

(2) the sentence for the instant offense shall be imposed to run concurrently to the remainder of the undischarged term of imprisonment.

(c) (Policy Statement) In any other case involving an undischarged term of imprisonment, the sentence for the instant offense may be imposed to run concurrently, partially concurrently, or consecutively to the prior undischarged term of imprisonment to achieve a reasonable punishment for the instant offense.

Commentary

Application Notes:

1. Consecutive Sentence - Subsection (a) Cases. Under subsection (a), the court shall impose a consecutive sentence when the instant offense was committed while the defendant was serving an undischarged term of imprisonment or after sentencing for, but before commencing service of, such term of imprisonment.

2. Application of Subsection (b).—

(A) In General.—Subsection (b) applies in cases in which all of the prior offense (i) is relevant conduct to the instant offense under the provisions of subsection (a)(1), (a)(2), or (a)(3) of §1B1.3 (Relevant Conduct); and (ii) has resulted in an increase in the Chapter Two or Three offense level for the instant offense. Cases in which only part of the prior offense is relevant conduct to the instant offense are covered under subsection (c).


(B) Inapplicability of Subsection (b).—Subsection (b) does not apply in cases in which the prior offense increased the Chapter Two or Three offense level for the instant offense but was not relevant conduct to the instant offense under §1B1.3(a)(1), (a)(2), or (a)(3) (e.g., the prior offense is an aggravated felony for which the defendant received an increase under §2L1.2 (Unlawfully Entering or Remaining in the United States), or the prior offense was a crime of violence for which the defendant received an increased base offense level under §2K2.1 (Unlawful Receipt, Possession, or Transportation of Firearms or Ammunition; Prohibited Transactions Involving Firearms or Ammunition)).

(C) Imposition of Sentence.—If subsection (b) applies, and the court adjusts the sentence for a period of time already served, the court should note on the Judgement in a Criminal Case Order (i) the applicable subsection (e.g., §5G1.3(b)); (ii) the amount of time by which the sentence is being adjusted; (iii) the undischarged term of imprisonment for which the adjustment is being given; and (iv) that the sentence imposed is a sentence reduction pursuant to §5G1.3(b) for a period of imprisonment that will not be credited by the Bureau of Prisons.

(D) Example.—The following is an example in which subsection (b) applies and an adjustment to the sentence is appropriate:

The defendant is convicted of a federal offense charging the sale of 40 grams of cocaine. Under §1B1.3, the defendant is held accountable for the sale of an additional 15 grams of cocaine, an offense for which the defendant has been convicted and sentenced in state court. The defendant received a nine-month sentence of imprisonment for the state offense and has served six months on that sentence at the time of sentencing on the instant federal offense. The guideline range applicable to the defendant is 12-18 months (Chapter Two offense level of level 16 for sale of 55 grams of cocaine; 3 level reduction for acceptance of responsibility; final offense level of level 13; Criminal History Category I). The court determines that a sentence of 13 months provides the appropriate total punishment. Because the defendant has already served six months on the related state charge as of the date of sentencing on the instant federal offense, a sentence of seven months, imposed to run concurrently with the three months remaining on the defendant’s state sentence, achieves this result.


3. Application of Subsection (c).—

(A) In General.—Under subsection (c), the court may impose a sentence concurrently, partially concurrently, or consecutively to the undischarged term of imprisonment. In order to achieve a reasonable incremental punishment for the instant offense and avoid unwarranted disparity, the court should consider the following:

(i) the factors set forth in 18 U.S.C. § 3584 (referencing 18 U.S.C. § 3553(a));

(ii) the type (e.g., determinate, indeterminate/parolable) and length of the prior undischarged sentence;

(iii)the time served on the undischarged sentence and the time likely to be served before release;

(iv) the fact that the prior undischarged sentence may have been imposed in state court rather than federal court, or at a different time before the same or different federal court; and

(v) any other circumstance relevant to the determination of an appropriate sentence for the instant offense.

(B) Partially Concurrent Sentence.—In some cases under subsection (c), a partially concurrent sentence may achieve most appropriately the desired result. To impose a partially concurrent sentence, the court may provide in the Judgment in a Criminal Case Order that the sentence for the instant offense shall commence on the earlier of (i) when the defendant is released from the prior undischarged sentence; or (ii) on a specified date. This order provides for a fully consecutive sentence if the defendant is released on the undischarged term of imprisonment on or before the date specified in the order, and a partially concurrent sentence if the defendant is not released on the undischarged term of imprisonment by that date.

(C) Undischarged Terms of Imprisonment Resulting from Revocations of Probation, Parole or Supervised Release.—Subsection (c) applies in cases in which the defendant was on federal or state probation, parole, or supervised release at the time of the instant offense and has had such probation, parole, or supervised release revoked. Consistent with the policy set forth in Application Note 4 and subsection (f) of §7B1.3 (Revocation of Probation or Supervised Release), the Commission recommends that the sentence for the instant offense be imposed consecutively to the sentence imposed for the revocation.

(D) Complex Situations.—Occasionally, the court may be faced with a complex case in which a defendant may be subject to multiple undischarged terms of imprisonment that seemingly call for the application of different rules. In such a case, the court may exercise its discretion in accordance with subsection (c) to fashion a sentence of appropriate length and structure it to run in any appropriate manner to achieve a reasonable punishment for the instant offense.

(E) Downward Departure.—Unlike subsection (b), subsection (c) does not authorize an adjustment of the sentence for the instant offense for a period of imprisonment already served on the undischarged term of imprisonment. However, in an extraordinary case involving an undischarged term of imprisonment under subsection (c), it may be appropriate for the court to downwardly depart. This may occur, for example, in a case in which the defendant has served a very substantial period of imprisonment on an undischarged term of imprisonment that resulted from conduct only partially within the relevant conduct for the instant offense. In such a case, a downward departure may be warranted to ensure that the combined punishment is not increased unduly by the fortuity and timing of separate prosecutions and sentencings. Nevertheless, it is intended that a departure pursuant to this application note result in a sentence that ensures a reasonable incremental punishment for the instant offense of conviction.

To avoid confusion with the Bureau of Prisons’ exclusive authority provided under 18 U.S.C. § 3585(b) to grant credit for time served under certain circumstances, the Commission recommends that any downward departure under this application note be clearly stated on the Judgment in a Criminal Case Order as a downward departure pursuant to §5G1.3(c), rather than as a credit for time served.

4. Downward Departure Provision.—In the case of a discharged term of imprisonment, a downward departure is not prohibited if the defendant (A) has completed serving a term of imprisonment; and (B) subsection (b) would have provided an adjustment had that completed term of imprisonment been undischarged at the time of sentencing for the instant offense. See §5K2.23 (Discharged Terms of Imprisonment).

Background: In a case in which a defendant is subject to an undischarged sentence of imprisonment, the court generally has authority to impose an imprisonment sentence on the current offense to run concurrently with or consecutively to the prior undischarged term. 18 U.S.C. § 3584(a). Exercise of that authority, however, is predicated on the court’s consideration of the factors listed in 18 U.S.C. § 3553(a), including any applicable guidelines or policy statements issued by the Sentencing Commission.

--------------------------------

Have I made any sense?

Basically, if he wants to have his sentence 'adjusted' to include credit for the time already served on the state sentence, and/or for the time spent in federal custody on the writ, then only the federal judge can make that 'adjustment' by imposing a sentence where he has taking into consideration the time already served. The federal judge cannot order jail credit, he can only impose the sentence.

Let me know if this helps or not.

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Old 03-16-2005, 09:26 AM
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Default help needed for similar situation for my son needing appeal

Are you a lawyer or paralegal? My son is in Pollock, LA til 1013 or wherever else they may move him. They have cheated him out of time he served for state charges..God, he had made a mess of things. He is now 23. He has been in jail for three years so far. The list is long on charges. He is being giving concurrent charges for state, but also the time he was waiting in federal holding facility in Mason, TN he is not being given credit. He went from the county prison while waiting trial, then plead guilty to that just to get to hold his new baby who was 7 months old at the time.

He was told by his private appointed lawyer, he would have to appeal anything himself in the system at Pollock himself twice before he can ask the courts here in Memphis to re appoint him a lawyer..Damn..I don't have the money. I am only his mother and have a disability case pending. In fact we all had to go to jail over his case. I was horrified and humiliated;. My stint was 90 days at a camp, along with my daughter in law, his wife--Greenville Illinois..a Martha Stewart thing.

My oldest son just got back from a book camp in Pennsylvania after a year. He is now at the half way house. Needless to say, my middle son is very sorry for dragging us all in this mess. His son is now turning three in May and doesn't even know him.

Any suggestions? How can he find a lawyer to help him within the system there at Pollock? There aint any such animal as far as I am concerned. I am sorry this is long. If any suggestions please reply, if not have a great day!!. Gale38016

Last edited by gale38127; 03-16-2005 at 09:28 AM.. Reason: i didnt complete the title correctly
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Old 03-16-2005, 10:58 AM
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No, I am not a lawyer nor paralegal. I just know a little about the federal prison system, statutes, and policy.

As for the case of your son. It sounds to me as though he received poor representation. That doesn't mean it was bad, just not the best, nor maybe even average.

Anyway, as for him being able to get all of his time it would really depend on exactly what he is asking for. And to be honest, I am having a hard time figuring it all out from your post. Regardless I will try to help you out a little.

(1) First when a judge orders the federal sentence to run concurrent to the state sentence this does not mean that they both will begin on the same date. For example, let's say that the state sentence imposed a 60 month on January 1, 2004. While serving the state sentence, the inmate is released (turned over) to the feds (US Marshals) on April 1, 2004, pursuant to a writ for prosecution. He is now being detained in a federal detention facility (like USP Atlanta, FDC Miami, MDC Brooklyn, etc). Eventually, let's just say on June 10, 2004, he goes to federal court and is also sentenced to 60 months imprisonment, concurrent to his state sentence. He is then returned to the state dept of corrections on June 30, 2004.

QUESTION: When does his federal sentence begin? And does he receive any Jail Credit?

Let’s review the dates in question:

Date State Sentence imposed: 1/1/04
Date turned over to Feds: 4/1/04
Date Federal Sent imposed: 6/10/04
Date returned to State DOC: 6/30/04

In this example the CONCURRENT federal sentence begins on 6/10/04. Not on 1/1/04.

POLICY/STATUTE: Program Statement 5880.28, Sentence Computation Manual, Page 1 - 12, CN-02, July 29 1994 states:

Commencement (Beginning Date) of Sentence. 18 U.S.C. § 3585(a) establishes the rule for commencement of sentence and states, "(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 at, the official detention facility at which the sentence is to be served." If the prisoner is serving no other federal sentence at the time the sentence is imposed, and is in exclusive federal custody (not under the jurisdiction of a federal writ of habeas corpus ad prosequendum) at the time of sentencing on the basis of the conviction for which the sentence is imposed, the sentence commences on the date of imposition, even if a state sentence is running along concurrently. If the prisoner is, however, serving another federal sentence at the time a new sentence is imposed, then 18 U.S.C. § 3584 (Multiple sentences of imprisonment) must be followed as discussed in paragraph e. of this chapter. ......................

A prisoner who is in non-federal custody at the time of sentencing may begin service of the federal sentence prior to arriving at the designated federal facility if the non-federal facility is designated in accordance with the Program Statement on Designation of State Institution for Service of Federal Sentence and 18 USC § 3621 (Imprisonment of a convicted person). This type of designation is ordinarily made only upon the recommendation of the sentencing court.

In no case can a federal sentence of imprisonment commence earlier than the date on which it is imposed.

---------------------------------------------------------------------------------------------------
PS 5880.28, (CN-03) February 14, 1997, Page 1 - 31

e. Multiple Sentences of Imprisonment. The statute that governs the manner in which multiple sentences of imprisonment may be imposed is 18 U.S.C. § 3584.

(1) Subsection (a) of Section 3584 states,

(a) Imposition of concurrent or consecutive terms.--If multiple terms of imprisonment are imposed on a defendant at the same time, or if a term of imprisonment is imposed on a defendant who is already subject to an undischarged term of imprisonment, the terms may run concurrently or consecutively, except that the terms may not run consecutively for an attempt and for another offense that was the sole objective of the attempt. Multiple terms of imprisonment imposed at the same time run concurrently unless the court orders or the statute mandates that the terms are to run consecutively. Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms are to run concurrently.

The Bureau of Prisons interprets the phrase, "an undischarged term of imprisonment," as applying to any lawfully imposed federal or state, local or foreign (non-federal) sentence or revocation of a conditional release term (probation, supervised release, parole, etc.).

The legislative history for this subsection states that,

. . . if the court is silent as to whether terms of imprisonment imposed at the same time (emphasis added) are concurrent or consecutive, the terms run concurrently unless a statute requires that they be consecutive. If, on the other hand, multiple terms of imprisonment are imposed at different times (emphasis added) without the judge specifying whether they are to run concurrently or consecutively, they will run consecutively unless the statute specifies otherwise.

The court may, for a prisoner who is serving a non-federal undischarged term of imprisonment while "on loan" to the federal government under the jurisdiction of a federal writ of habeas corpus ad prosequendum, impose the federal sentence to run concurrently with, or consecutively to, the other undischarged term of imprisonment. Upon receipt of the judgment and commitment from the U. S. Marshals' Service that orders the federal sentence to be served concurrently with the non-federal sentence, the RISA shall, in accordance with 18 U.S.C. § 3621(b), designate the non-federal facility as the place to serve the federal sentence and complete the other procedures required by the Program Statement on Designation of State Institution for Service of Federal Sentence, for executing this type of concurrent sentence.

Regardless of whether the court orders the federal sentence to be served consecutively to, or concurrently with, the non-federal non-existent or undischarged term of imprisonment, the prisoner shall be returned to the non-federal jurisdiction until the prisoner is released (completes the undischarged term of imprisonment) from the non-federal term.

----------------------------------------------------------------------

Am I confusing things even more?

----------------------------------------------------------------------

Back to the dates in question:

Date State Sentence imposed: 1/1/04
Date turned over to Feds: 4/1/04
Date Federal Sent imposed: 6/10/04
Date returned to State DOC: 6/30/04

The federal sentence, ordered to run concurrent to the state sentence has to begin on 6/10/04. There are NO EXCEPTIONS, no matter what! You can take this to any court you want to and this will never change. To put it in simple terms, the federal sentence was imposed on 6/10/04, it did not exist prior to this date so it cannot begin prior to this date. It’s like your birthday is celebrated on the date you were born, not the day your were ‘conceived’ so to speak. You can’t celebrate it before cause you weren’t born yet.

(2) The next question then becomes - “What about the jail credit”? Can he get jail credit for the time that he spent in state custody? In the above example you might consider jail credit as 1/1/04 thru 6/10/04.

Well, this depends on one thing. “Is the period of time in question credited toward the state sentence?” If so, then no he cannot get credit to any of the state time toward the federal time. It would violate federal law (Title 18, USC, Section 3585(b). So in the example that I created - NO - he will not get credit for the time because he was serve a state sentence at the time in question.

(3) And even though this may not seem fair, this is nothing that anyone can do to change it.

I’m not telling that you shouldn’t try, but that you shouldn’t expect anything.

(4) Other than what I wrote in my earlier post about having a judge reduce the sentence that he imposes by however much time has been already served in state custody is the only way to ‘get credit’ for this time.

I hope that I haven’t confused anyone even more. If so, just let me know.

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Old 03-16-2005, 10:51 PM
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Greyghost,
How about this situation? I was told by the US Marshall yesterday that my son was in federal custody begining May 18, 2004, which is the date he was arraigned on federal charges and placed in federal custody, he plead guilty in July 2004 and was sentenced Dec 1, 2004. He has been in county jails since March 26,2004, the March 26 charges were included in the federal charges, but we were told he would not get credit for the time from March 26 till May 18. Is this correct? If not, is there anything we can do to "fix" it?
Note: After his federal plea was done, the state indicted him on another charge (since the feds picked up all the other charges). After he was sentenced in Dec then he was transferred back to the state to face that charge. He was sentenced yesterday on a plea he did, and that sentence in less than the federal and will run concurrent.
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Old 03-17-2005, 08:24 AM
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How about this situation? I was told by the US Marshall yesterday that my son was in federal custody begining May 18, 2004, which is the date he was arraigned on federal charges and placed in federal custody, he plead guilty in July 2004 and was sentenced Dec 1, 2004. He has been in county jails since March 26,2004, the March 26 charges were included in the federal charges, but we were told he would not get credit for the time from March 26 till May 18. Is this correct?

It depends.... If I read what you've written correctly I understand the following:

March 26, 2004 : Arrested by the state on state charges
May 18, 2004 : released/turned over to the feds (most likely on a federal writ for prosecution)
July ?, 2004 : Pled guilty to federal charges
December 1, 2004 : sentenced in federal court

Question: What happened to the original state charges from March 26th? You mention that they were 'included' with the federal charges; but did the state "Dismiss" those charges in lieu of federal prosecution?



If not, is there anything we can do to "fix" it?

Again, this will depend on what the state has done, will do.

Note: After his federal plea was done, the state indicted him on another charge (since the feds picked up all the other charges). After he was sentenced in Dec then he was transferred back to the state to face that charge. He was sentenced yesterday on a plea he did, and that sentence in less than the federal and will run concurrent.

Based on what you have written here, it appears that while the state still had (what is called) primary custody (meaning that they had him first and only released him to the temporary custody -writ- of the feds) they filed additional charges against him.

Keep in mind that whomever has primary custody of him, they are the ones who hold the authority (power) over him. Which in this case is the state. As you wrote, the feds returned him back to the state after they had sentenced him. This also indicates that the state has primary custody/authority over him.

So now - What happens next?

Based on what I can gather from your post there is a 'WAY' that he might be able to get credit for some, or maybe even all of the time that he has spent in custody since March 26. The key point in all of this is whether or not the feds ordered his federal sentence to run concurrent to his state sentence and/or whether or not the state WILL ORDER their sentence to run concurrent to the federal sentence. (Keep this in mind - if the state has not yet imposed a sentence then he NEEDS TO MAKE SURE THAT HE DOES EVERYTHING THAT HE CAN TO GET THE STATE TO RUN THEIR SENTENCE CONCURRENT TO THE FEDERAL SENTENCE).

If a sentence has been imposed in both the state and the federal court and neither court ordered the sentences to run concurrent then there is nothing you can do.

(I am trying to keep this simple) Back to the what if scenario:

Basically what you have is this (in a nutshell)

Possible jail credit if federal sentence ordered to run concurrent to state sentence: 3/26/04 thru 11/30/04 (in this case the federal sentence would begin on 12/1/04. It would make no difference when the state sentence began).

Possible jail credit if the state sentence is ordered to run concurrent to the federal sentence: 3/26/04 thru the date the state sentence begins (usually the date that it is imposed on).

In the above two listed concurrency cases, he MIGHT be able to get credit under what is called Kayfez/Willis credit. I will not go into Kayfez/Willis here because this post is already too long. But for this to even be possible the sentence MUST BE concurrent to each other and it makes no difference who orders them to be concurrent.

If neither sentence is ordered to run concurrent then it's a dead issue. He will not get credit for the time in question. In this case, his federal sentence will begin on the date his state sentence ends with no jail credit.

I hope this helps a little and that I didn't confuse you too much.


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Old 03-17-2005, 08:25 PM
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Greyghost,

I am assuming when he did the federal plea all those state charges were in included in the federal plea, and I am assuming the state charges were dropped, our sons lawyer told him the state charges would be dropped. BUT I guess it was just the ones he had already been charged on because after his federal plea was done the state indicted him on another charge (aggravated assault on police officer), transferred him back to that county for his arraignment, he stayed overnight then they took him right back to the county jail where he was in federal custody the next day. The original charges were all drug related. He did a plea on the state charge of "simple" assault on police officer just to get this behind him. The cop said he "swerved" at his car. It was just something they did because they knew he had a civil suit, and they were preventing it by forcing him into a plea. They pistol whipped him handcuffed. The DA told him if he didn't do the plea and if we went to trial and we won, that he would indict him on two more drug charges and hold him there for trial in September. So my son did the plea, just to get it behind him, rather than risk 15 years, if convicted. I call it blackmail.

He was sentenced March 15, 2005 on the state charges a one year concurrent sentence. ( He entered the plea of February 15) His federal sentence was 36 months with RDAP highly recommended. I was told by someone else here that he would not be eligible for the RDAP reduction because of the simple assault on law enforcement.

At the time of his federal sentence the state had the pending charge, but we were told by the DA if he didn't get a slap on the wrist they would drop the charges. He got 36 months and the state wanted him to get 5 years, so we think that is why they pursued the charges. Also, we were told that after he was sentenced on the federal charges, that the state (DA office) called and put a "hold" on him, that is why the Marshalls took him back to the county, as soon as he did the plea the Marshalls picked him back up within a week. The sentence wasn't entered until a month later, the DA wanted a consecutive sentence, but the judge didn't go along with him, and waited a month to do the sentence, but she did it concurrent. My son told her that with a state detainer he would not be able to complete the RDAP - meaning the CCC component - we had to prove that, which we did, then she went along with the concurrent sentence.

It appears to me that he is eligible for the Kayfez/Willis Credit, is this something you have to file a form to get? Should we wait and see if the BOP gives him the credit when they figure his release date? Or is this something we need to do now? He showed up on the BOP for the first time yesterday, "in transit" but he is still in the county jail. He has already had his TB test. We are hoping he will be at his destination within a couple more weeks. The Marshall told me Tuesday that he would probably stay where he is at least two more weeks.

I was told on Prison Talk there is no good time credit given for the jail time served. Is that correct?

THANKS SO MUCH FOR YOUR HELP!!!!! I NEED TO KNOW MORE ABOUT THE KAYFEZ/WILLIS CREDIT!!!!
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Old 03-18-2005, 06:17 AM
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Thank you so much for the information greyghost!!! You've helped my friend out a lot and I will forward this information on to him today!!!

You ROCK!!!
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Old 03-18-2005, 09:51 AM
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Coping, you are jumping the gun slightly. Neither the US Marshall not court will determine the credit for time served. The BOP will make this determination. Until your son meets with his counselor and get his paperwork, you don't know if he a problem. Dealing in hypotheticals is fine but the reality won't be known for a while. Maybe it will be correctly credited, I sure hope so.

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Quote:
Originally Posted by coping
Greyghost,
How about this situation? I was told by the US Marshall yesterday that my son was in federal custody begining May 18, 2004, which is the date he was arraigned on federal charges and placed in federal custody, he plead guilty in July 2004 and was sentenced Dec 1, 2004. He has been in county jails since March 26,2004, the March 26 charges were included in the federal charges, but we were told he would not get credit for the time from March 26 till May 18. Is this correct? If not, is there anything we can do to "fix" it?
Note: After his federal plea was done, the state indicted him on another charge (since the feds picked up all the other charges). After he was sentenced in Dec then he was transferred back to the state to face that charge. He was sentenced yesterday on a plea he did, and that sentence in less than the federal and will run concurrent.
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Old 03-18-2005, 11:55 PM
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I found the Willis/Kayfez information on the BOP web site program statement 5880.28 Pages 1 - 14 thru 1 - 24. In my sons case the Kayfez will not apply because his release date on the state concurrent sentence is long before the release date on the federal sentence, but he should definately qualify for the Willis credit. His situation in very much like example No 6 they gave on page 1 - 22A.

The advise given here is to wait and see what the BOP does when he meets with his counselor and gets his paperwork. BUT, what is the next step IF he does NOT get the Willis Credit??? I just want to be prepared, if this happens. Should my son tell the counselor that he thinks he should get the Willis credit? I am sending him a copy of the information in the Program Statement.

I very much appreciate your help and advise. I did not even know about the Willis Credit till I read Greyghost response above!! I am so grateful for that information.
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Old 03-19-2005, 04:20 AM
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Quote:
Originally Posted by coping
I found the Willis/Kayfez information on the BOP web site program statement 5880.28 Pages 1 - 14 thru 1 - 24.
Do you have a link to this information?
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Old 03-19-2005, 05:23 AM
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www.bop.gov. Go to the search feature, type in willis/kayfez.
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Old 03-21-2005, 07:47 AM
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In response to Coping in reference to the Willis Credit - if the Records Office at the institution determines that he is not eligible for Willis credit, then the only thing that he can do is file an 8 1/2 with his Unit Team, then a BP-9 with the Warden (basically appealing it on up through the BOP's Adminsrative Remedy chain of command). If after that, he is denied on all levels, he can file it with the Courts. But FYI, the odds would be stacked against him and you would most likely just spinning your wheels. In most cases, and I know there are many who would disagree with me, jail credit is cut and dry. Either statute allows it or it doesn't.
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