Johnson v. Gill

The Ninth Circuit affirmed the denial of habeas relief for petitioner, who was criminally convicted in both state and federal court. Petitioner argued that his federal sentence actually commenced on one of the instances when the state prematurely transferred him to the federal authorities, and thus he should receive credit against his federal sentence for the period starting on the date he was erroneously turned over to federal authorities and including all his time in state prison after he was returned to state custody. The panel explained that because the state credited the time the federal authorities erroneously held petitioner against his state sentence, he effectively sought double-credit against both his state and federal sentences for the period between August 2009 and June 2011. The panel held that because these erroneous transfers did not manifest the state's consent to terminate its primary jurisdiction over petitioner, he was not in federal custody for purposes of 18 U.S.C. 3585(a), and therefore the federal sentence did not commence. View "Johnson v. Gill" on Justia Law