Pope v. Perdue

Illinois authorities arrested Pope for pandering. While the case was pending, Pope was charged with violating the federal pandering law, based on the same events. Pope bounced between state and federal facilities under a writ of habeas corpus ad prosequendum, without acquiring primary custody. A federal court sentenced Pope to 100 months’ imprisonment; months later, an Illinois court sentenced him to five years. Pope was later moved from an Illinois facility to a federal facility. Seven months later, Pope was returned to a state facility, without a writ of habeas corpus ad prosequendum, where he remained. In August 2010, Illinois paroled Pope and surrendered him to federal authorities. The Federal Bureau of Prisons (BOP) calculated the start date of his federal sentence as August 2010; refused to give Pope credit for time served on his state sentence; and denied Pope’s request to retroactively designate the Illinois prison as his federal place of imprisonment. Pope filed a habeas petition in September 2014. In April 2015, the government replied. In July 2016, the court ordered BOP to credit Pope 30 days. More than two years after Pope filed, the court denied the remainder of his petition. In November 2017, BOP released Pope to supervised release. The Seventh Circuit declined to dismiss the petition as moot because over-incarceration carries weight in a motion to modify supervised release, BOP miscalculated the date Pope’s sentence commenced and abused its discretion in denying retroactive designation. View "Pope v. Perdue" on Justia Law