United States Third Circuit

For purposes of evaluating which releasees should receive credit for their premature freedom, a prisoner is to receive credit for the time he was at liberty if he can bring forth facts indicating that he was released despite having unserved time remaining. The government may then respond to the habeas petition by showing that, either, the imprisoning sovereign was not negligent, or vicariously negligent, or that the prisoner, in any way, affirmatively effectuated his release or prevented his reapprehension.

Appellate Information

• Argued 10/25/2006
• Decided 07/11/2007
• Published 07/11/2007

Judges

• Before:  SMITH, FISHER and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Gail E. Laser, (Argued), New York, NY, for Appellant.


• For Appellees:
  
• Laura S. Irwin, Kelly R. Labby, Office of United States Attorney, Pittsburgh, PA, Henry J. Sadowski, (Argued), Federal Bureau of Prisons, Philadelphia, PA, for Appellee.