Filed: Apr. 14, 2009
Latest Update: Mar. 02, 2020
Summary: Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit 4-14-2009 Edward Corey Jr. v. Ronnie Holt Precedential or Non-Precedential: Non-Precedential Docket No. 08-4723 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009 Recommended Citation "Edward Corey Jr. v. Ronnie Holt" (2009). 2009 Decisions. Paper 1544. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1544 This decision is brought to you for free and open acces
Summary: Opinions of the United 2009 Decisions States Court of Appeals for the Third Circuit 4-14-2009 Edward Corey Jr. v. Ronnie Holt Precedential or Non-Precedential: Non-Precedential Docket No. 08-4723 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009 Recommended Citation "Edward Corey Jr. v. Ronnie Holt" (2009). 2009 Decisions. Paper 1544. http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1544 This decision is brought to you for free and open access..
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Opinions of the United
2009 Decisions States Court of Appeals
for the Third Circuit
4-14-2009
Edward Corey Jr. v. Ronnie Holt
Precedential or Non-Precedential: Non-Precedential
Docket No. 08-4723
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009
Recommended Citation
"Edward Corey Jr. v. Ronnie Holt" (2009). 2009 Decisions. Paper 1544.
http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1544
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 2009 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
CLD-137 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 08-4723
___________
EDWARD HAROLD COREY, JR.,
Appellant
v.
RONNIE R. HOLT, WARDEN
__________________________
Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil No. 08-cv-0760)
District Judge: John E. Jones III
__________________________
Submitted for Possible Summary Action Pursuant to
Third Circuit LAR 27.4 and I.O.P. 10.6
March 19, 2009
Before: RENDELL, HARDIMAN and STAPLETON, Circuit Judges
(Filed; April 14, 2009)
_________
OPINION OF THE COURT
_________
PER CURIAM
Appellant Edward Harold Corey, a federal prisoner proceeding pro se, appeals
from the order of the United States District Court for the Middle District of Pennsylvania
denying his petition for writ of habeas corpus filed under 28 U.S.C. § 2241. For the
reasons set forth below, we will summarily affirm. See I.O.P. 10.6.
In his habeas petition, Corey challenged the Federal Bureau of Prisons’ (“BOP”)
calculation of his federal sentence. Specifically, he claimed that he should have received
574 days credit toward his current federal sentence for a period when he was held in two
county jails prior to his federal sentencing.
Corey received his first federal sentence on May 31, 1988, when he was sentenced
to two concurrent 20-year terms of imprisonment for separate bank robbery convictions in
the United States District Court for the Southern District of Iowa. On November 30,
1988, Corey was sentenced to a 20-year term of imprisonment for bank robbery by the
United States District Court for the District of North Dakota. The sentence was to run
consecutively to the term of imprisonment in the Southern District of Iowa. On March
13, 1989, Corey was sentenced to two concurrent 10-year terms of imprisonment for
separate bank robbery convictions in the United States District Court for the Northern
District of Iowa. The sentencing judge ordered that the terms run concurrent with each
other, but consecutive to the previously imposed terms in the Districts of Southern Iowa
and North Dakota. On January 19, 1990, Corey was sentenced to two consecutive 20-
year terms of imprisonment for separate bank robberies in the United States District Court
for the Eastern District of Wisconsin. The sentencing judge ordered that this term run
concurrent with the previously imposed terms of imprisonment.
On October 11, 2000, Corey was released on parole with 13,515 days remaining on
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his sentences. On November 17, 2000, Corey was arrested by the United States Marshals
Service for violations of the conditions of his parole. On January 31, 2001, his parole
was revoked. Corey was given no credit for the period from November 4, 2000 to
November 16, 2000, thus 13,492 days remained on Corey’s parole-violator term.
On December 3, 2001, Corey was released on parole, with 13,110 days remaining
on his sentences. He was arrested again for violating the conditions of his release on
October 28, 2002. On June 16, 2003, Corey’s parole was revoked. He was given no
credit for any time spent on parole and, thus, 13,110 days remained on his parole-violator
term.
Corey was given a new parole date of January 23, 2004 and was eventually housed
at a community corrections center in Cedar Rapids, Iowa, for pre-release services. On
December 23, 2003, Corey escaped from the facility. He was later arrested in Marysville,
Kansas, on May 10, 2005, and charged with burglary, conspiracy to commit burglary, and
theft in state court. Those charges were later dismissed.
The BOP determined that Corey was ineligible for credit toward his sentences for
the “inoperable time” between the date of his escape and the date of his arrest. He was
given a new parole date of January 23, 2007. After his arrest, Corey was initially housed
in the Marshall County Jail in Marysville, Kansas. In order to allow him to begin serving
his sentence as of the date of his arrest, the BOP designated that facility as the place of
confinement for the resumption of his parole-violator term. Between the time of his
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arrest and his parole date, Corey was also incarcerated in Linn County Jail and Benton
County Jail, two Iowa state facilities. It is the time spent in these two facilities that Corey
sought to have credited toward his present escape sentence in his § 2241 petition.
Corey was paroled on January 23, 2007. On that same day, he was sentenced in
the Northern District of Iowa on new federal charges arising from his escape. This
sentence was to run consecutively to Corey’s prior sentences. Corey began serving that
sentence on January 23, 2007, the day that he was paroled from his prior sentences.
The District Court determined that Corey’s request to have the time he spent in
Linn County Jail and Benton County Jail credited toward his current federal sentence was
precluded by statute. Because the time spent in those facilities had already been credited
toward his bank robbery sentences, he was not allowed to “double-count” that time
toward his current escape sentence.
Corey argued that the time spent in the county facilities had not been counted
toward his bank robbery sentences. After examining the BOP’s calculations, the district
court determined that the time that Corey spent in county prison had already been credited
toward his bank robbery sentences. Thus, he was not entitled to a double credit of that
time toward his escape sentence.
II.
We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. When
reviewing the denial of a § 2241 petition, we conduct plenary review of a district court's
4
legal conclusions and review the court's factual findings for clear error. Vega v. United
States, 493 F.3d 310, 314 (3d Cir. 2007).
We find no basis for disagreeing with the District Court's conclusion that
18 U.S.C. § 3585(b) prohibits the BOP from crediting a prisoner's sentence for time spent
in custody that has already been credited to another federal sentence. The statute
expressly prohibits the double credit Corey seeks, see 18 U.S.C. § 3585(b); see also
United States v. Wilson, 503 U.S. 329, 337 (1992).
As mentioned above, when Corey was released on parole in December 3, 2001, he
had 13,110 days remaining on his bank robbery sentences. He was arrested on October
28, 2002 for violating the conditions of his release, and no credit was given for the time
he spent on parole. Therefore, as of October 28, 2002, Corey had 13,110 days remaining
on his sentence. Corey was incarcerated for 422 days from October 28, 2002 until his
escape on December 23, 2003. The BOP subtracted those 422 days, leaving 12,688 days
remaining on Corey’s robbery sentences. Corey did not receive any credit for the 503
days of inoperative time between his escape on December 23, 2003 and subsequent arrest
on May 10, 2005. Between May 10, 2005 and his parole on January 23, 2007, Corey
served 624 days, including time spent in Linn County Jail and Benton County Jail. As a
result, the BOP subtracted 624 days from Corey’s sentence, leaving 12,064 days
remaining at the time of his parole on January 23, 2007, a figure accurately reflected in its
report. See Government’s Response at Exh. A-15. Thus, the district court correctly
5
determined that the time Corey spent in county prisons was properly credited toward his
bank robbery sentences and 18 U.S.C. § 3585(b) explicitly precludes that time from also
being counted toward his escape sentence.
As there is no substantial question presented by this appeal, we will summarily
affirm. See Third Cir. LAR 27.4; I.O.P. 10.6.
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