United States District Court, E.D. Arkansas, Eastern Division
ANTONIO J. BULLOCK Reg. #31430-034 PETITIONER
GENE BEASLEY, Warden, Federal Correctional Institution-Low, Forrest City, Arkansas RESPONDENT
Procedure for Filing Objections:
Recommended Disposition (“Recommendation”) has
been sent to Chief Judge Brian S. Miller. Any party to this
suit may file written objections with the Clerk of Court
within fourteen (14) days of filing of the Recommendation.
Objections should be specific and should include the factual
or legal basis for the objection. An objection to a factual
finding must identify the finding of fact believed to be
wrong and describe the evidence that supports that belief.
objecting, any right to appeal questions of fact may be
jeopardized. And, if no objections are filed, Judge Miller
can adopt this Recommendation without independently reviewing
Bullock, an inmate at the Federal Correctional Complex in
Forrest City, Arkansas, brings this Petition under 28 U.S.C.
§ 2241, challenging the Bureau of Prison's
(“BOP”) calculation of his sentence. (Docket
entry #1) Mr. Bullock contends that, because his federal
sentence was ordered to run concurrently to his state
sentence, his federal sentence predated its imposition and
should be deemed to have begun when he was arrested and
entered custody. (#1) Respondent has filed a response to the
petition (#8), and it is ready for review.
October 1, 2009, Mr. Bullock was on probation in Louisiana on
state convictions (case numbers 482-209 and 484-703) when he
was again arrested and charged (case number 492-803) with
distributing marijuana and being a felon in possession of a
firearm. (#8-1 at 4) See United States v. Bullock,
No. 2:10-CR-75-MVL-SS (E.D. LA) (#45) (summarizing state
charges). As a result of the new charges, the State of
Louisiana moved to revoke his probation. (#8-1 at 4-5, 27-31)
November 10, 2009, Mr. Bullock's probation was revoked in
case number 484-703, and he was sentenced to five years'
imprisonment in the Louisiana Department of Correction
(“LDC”), with credit given for time served. (#8-1
at 4-5, 27-31) Id. Similarly, on December 4, 2009,
his probation was revoked in case number 482-209. (#8-1 at
4-5, 27-31) Id. Mr. Bullock was again sentenced to
five years' imprisonment in the LDC, with credit given
for time served. (#8-1 at 4-5, 27-31) Id. The
five-year sentences were ordered to run concurrently. (#8-1
at 4-5, 27-31) Id.
Mr. Bullock was federally indicted in the Eastern District of
Louisiana on March 18, 2010. (#8-1 at 33-39)
Bullock, Case No. 2:10-CR-75-MVL-SS (E.D. LA) (#1).
The charges stemmed from his October 1, 2009 arrest and
included a felon-in-possession-of-a-firearm charge, in
violation of 18 U.S.C. §§922(g)(1) and 924(a)(2); a
possession-with-intent-to-distribute marijuana charge, in
violation of 21 U.S.C. §§ 841(a)(1) and
841(b)(1)(D); and a charge of possession of a firearm in
furtherance of a drug trafficking crime, in violation of 18
U.S.C. §924(c)(1)(A). (#1) Id.
Bullock was transferred from the custody of the LDC to the
custody of the United States Marshal pursuant to a writ of
habeas corpus ad prosequendum issued on March 23,
2010, commanding Mr. Bullock's appearance in federal
court. (#8-1 at 41). On March 24, 2011, Mr. Bullock pleaded
guilty to two of the three charges in a plea agreement that
included dismissal of the third charge. He was sentenced on
July 28, 2011 and was given an aggregate sentence of 156
months' imprisonment. (#8-1 at 46-50) The federal
sentence was ordered to run concurrent with his previously
imposed state sentences. (#8-1 at 47) Bullock, Case
No. 2:10-CR-75-MVL-SS (E.D. LA) (#41 at 8).
the Marshal returned Mr. Bullock to Louisiana state custody
on August 1, 2011, and a federal detainer was lodged. (#8-1
at 43-44) Mr. Bullock completed his state sentences and was
released from state custody on January 23, 2012, whereupon he
was transferred to the BOP. (#8-1 at 54)
the BOP, Mr. Bullock was given a nunc pro tunc
designation for service of his federal sentence. In doing so,
the BOP designated the LDC as the facility where Mr. Bullock
had begun service of his federal sentence. (#8-1 at 18, 23,
& 59) As a result, the BOP designated July 28, 2011, the
date his federal sentence was imposed, as the beginning date
for service of his federal sentence. (#8-1 at 6-7, 18, 56-57,
the BOP gave Mr. Bullock 40 days' credit toward his
sentence for the time between his October 1, 2009 arrest and
his first conviction on November 10, 2009. Willis v.
United States, 438 F.2d 923 (5th Cir. 1971) (an inmate
is entitled to receive credit toward his federal sentence for
all pre-sentence, non-federal custody that occurs on or after
the date of the federal offense until the date that the first
sentence, whether state or federal, begins).