PER CURIAM.
George William Blood, a prisoner incarcerated at the Federal Prison Camp in Lewisburg, Pennsylvania, appeals pro se from the District Court's denial of his habeas petition. Blood contends that the federal Bureau of Prisons ("BOP") miscalculated the aggregate term for his two federal sentences and failed to award him
On February 9, 2004, Blood reported to the Federal Prison Camp in Lewisburg to serve a 60-month term of imprisonment imposed by the Middle District of Tennessee on two convictions for possession of forged securities. While serving that sentence, he was charged and convicted of unrelated offenses in the District of Delaware. Before the Delaware court could sentence Blood, the United States Court of Appeals for the Sixth Circuit vacated his Tennessee sentence in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). See United States v. Blood, 435 F.3d 612, 616 (6th Cir.2006).
At a March 13, 2006 sentencing hearing on the Delaware convictions, the Delaware court stated:
(Habeas Pet. Ex. G-3.) The Delaware court then imposed a sentence of 78 months of imprisonment. On August 14, 2006, the Tennessee court resentenced Blood to 51 months of imprisonment to be served concurrently with his Delaware sentence.
After his Tennessee sentence was imposed, the BOP calculated Blood's total term of incarceration. It considered the Tennessee sentence to have commenced on February 9, 2004—the date Blood began serving on the original, vacated Tennessee sentence—and the Delaware sentence to have commenced on the day it was imposed, March 13, 2006. The BOP then aggregated the two sentences such that only about half of the Tennessee sentence overlapped with the Delaware sentence, resulting in a combined total term of 103 months and 4 days. In other words, the BOP considered the 25 months and 4 days that Blood served prior to the imposition of the Delaware sentence to count solely toward the Tennessee sentence. After crediting him for seven days spent in custody after his initial Tennessee arrest, the BOP calculated Blood's full term date to be September 5, 2012. His projected release date with good time credit is July 29, 2011.
After exhausting his administrative remedies, Blood filed a habeas petition in the District Court, pursuant to 28 U.S.C. § 2241. He argued that the BOP failed to credit the 25 months and 11 days he served pursuant to his vacated Tennessee sentence (the "disputed time")
Blood timely appealed.
The District Court had jurisdiction over Blood's habeas petition pursuant to 28 U.S.C. § 2241. See Woodall v. Fed. Bureau of Prisons, 432 F.3d 235, 242 (3d Cir.2005). We have jurisdiction under 28 U.S.C. § 1291. We review the District Court's denial of Blood's habeas petition de novo. See Vega v. United States, 493 F.3d 310, 314 (3d Cir.2007).
Blood contends that the BOP disregarded the Delaware court's intention to credit the disputed time toward his Delaware sentence. We, however, agree with the District Court that the Delaware court's statement, "the time you [Blood] served to date will be credited to this conviction," when read in context, merely reflects the Delaware court's prediction that the BOP would credit the disputed time toward the Delaware sentence under 18 U.S.C. § 3585(b). See Ruggiano v. Reish, 307 F.3d 121, 134 (3d Cir.2002) ("In interpreting the oral statement [of a sentencing judge], we have recognized that the context in which this statement is made is essential."), superseded on other grounds by, U.S.S.G. § 5G1.3(c) app. note 3(E) (2003). Indeed, the Delaware court explained that any such credit resulted from "circumstances that are entirely fortuitous,. . . not in [the court's] control," namely, the Sixth Circuit remand. Then, the Delaware court transitioned from the topic of credit by stating, "for what is before me, though, this is the sentence that I intend to impose . . .," thereby segmenting the court's intended sentence from its discussion of credit.
Furthermore, district courts have no authority to credit time toward a sentence under § 3585(b)—that function rests in the sole authority of the BOP.
Our conclusion that the Delaware court lacked any specific intent vis-à-vis the disputed time, however, does not answer whether the BOP properly calculated Blood's sentence. Blood contends that because the original Tennessee sentence was vacated on appeal, his post-remand Tennessee sentence could not have commenced until he was resentenced on August 14, 2006. And since neither the original nor the post-remand Tennessee sentence was in effect at the time he was sentenced by the Delaware court, Blood argues that the BOP was required to credit the disputed time toward his Delaware sentence—despite the fact that he would inevitably be resentenced on the Tennessee convictions—because there was no other federal sentence to which it could be credited. The BOP contends that it correctly treated Blood's Tennessee sentence as commencing on February 9, 2004, in accordance with its internal sentencing manual, Program Statement 5880.28, because the underlying convictions were never vacated and his post-remand Tennessee sentence essentially modified the original sentence. Accordingly, contends the BOP, Blood served the disputed time on the Tennessee sentence and is not entitled to double credit that time toward the Delaware sentence.
In calculating a federal sentence, the BOP first determines when the sentence commenced and then determines whether the prisoner is entitled to any credits toward his sentence. See 18 U.S.C. § 3585. Section 3585(a) states that "[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 of sentence at, the official detention facility at which the sentence is to be served." Pursuant to § 3585(b), a prisoner is entitled to credit for time served prior to the date the sentence commences "(1) as a result of the offense for which the sentence was imposed; or (2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed[,]" so long as the time has not been credited toward another sentence. When a prisoner is serving multiple sentences, the BOP must combine those sentences to form a single aggregate term. 18 U.S.C. § 3584(c).
Section 3585 does not directly address the recalculation of sentences post-remand. However, the BOP has interpreted § 3585 in its internal sentencing
The BOP explains that the two provisions can be harmonized by understanding how they work together in context. Program Statement 5880.28, like § 3585(a), focuses on the date that a prisoner physically reports to the BOP for service of a federal sentence on a given conviction. When a federal sentence is vacated without disturbing its underlying conviction, the BOP—using a "conviction based" as opposed to a "sentence based" approach— treats the post-remand sentence as commencing on the same date as the original sentence. That is because, practically speaking, "[a] resentencing does not change the date a defendant actually physically appeared and commenced service of a term of imprisonment resulting from a particular conviction."
We conclude that Program Statement 5880.28 is a permissible interpretation of § 3585, and that it therefore warrants deference. See Allen v. Crabtree, 153 F.3d 1030, 1033 (9th Cir.1998).
Certainly, it would be preferable if the language in Program Statement 5880.28 did not appear to be inconsistent. That the manual could be clearer, however, does not change our conclusion that the BOP's framework is a legitimate exercise of its authority. To conclude otherwise would lead to absurd results. Instead of the predictable regime established by Program Statement 5880.28, Blood's proposed method of calculation would result in a windfall to some inmates serving multiple sentences (such as himself) while other inmates would end up serving a longer aggregate term despite obtaining a reduced sentence after a successful appeal. That is an illogical result that we will not require.
In sum, the BOP appropriately treated Blood's Tennessee sentence as commencing on February 9, 2004, consistent with Policy Statement 5880.28.