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Hunter v. Tamez

None of the concerns expressed by other circuits regarding the Federal Bureau of Prisons' policies for determining whether to credit time served for a state sentence against a subsequent federal sentence are present here. The district court correctly denied appellant's application for a writ of habeas corpus, and its judgment is therefore affirmed. 5th U.S. Circuit Court of Appeals, No. 09-11026, 10-04-2010

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Published opinion

Before JONES, Chief Judge, and REAVLEY and HAYNES, Circuit Judges.

Appellant Isaac Leigh Hunter, federal prisoner # 35789-180, appeals from the district court’s denial of his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Hunter filed his § 2241 application in an effort to challenge the decision of the Federal Bureau of Prisons (“BOP”) to deny him credit, through a nunc pro tunc order, against his federal sentence for time served in Texas state custody on unrelated state convictions. Specifically, Hunter argues that the BOP’s denial of credit violates the United States Constitution in that the decision (1) violates principles of federalism by failing to give effect to the instruction of the state sentencing judge that Hunter serve his state sentence concurrently with his federal sentence, and (2) runs contrary to the separation of powers doctrine by allowing the executive branch of the federal government, rather than the judicial branch, to determine the length of his sentence.

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