United States Fifth Circuit

In a 28 U.S.C. section 2241 application challenging the decision of the Federal Bureau of Prisons (BOP) to deny petitioner credit, through a nunc pro tunc order, against his federal sentence for time served in Texas state custody on unrelated state convictions, the application is denied where: 1) the BOP need not give effect to the state sentencing court's direction that petitioner's term of imprisonment on his state conviction run concurrently with his already-imposed term of imprisonment on his federal conviction; and 2) the BOP's order did not violate separation of powers.

Appellate Information

• Decided 10/05/2010
• Published 10/05/2010

Judges

• Catarina Haynes

Court

• United States Fifth Circuit

Counsel