No. 19-7763

Jean Bernier v. J. C. Holland, Warden, et al.

Lower Court: Fourth Circuit
Docketed: 2020-02-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3585 18-usc-3621 18-usc-3621b administrative-discretion barden-determination bureau-of-prisons custody-credit federal-custody federal-sentencing sentence-commencement state-custody statutory-authority statutory-interpretation
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2020-04-17
Question Presented (from Petition)

DOES THE FEDERAL BUREAU OF PRISONS EXCEED THE STATUTORY
AUTHORITY CONFERRED UPON THE AGENCY BY CONGRESS
IN 18 U.S.C. § 3585(a), WHEN IT COMMENCES A SENTENCE IN 1992,
DECIDES ELEVEN YEARS LATER, IN 2003, THAT IT WAS STATS ERROR,
WHICH HAS NOT BEEN SUBSTANTIATED, FOR PETITIONER TO HAVE
BEEN PLACED IN FEDERAL CUSTODY, AND RETURNS PETITIONER
TO STATE CUSTODY, AND UPON PETITIONER'S RETURN TO FEDERAL CUSTODY
IN 2015, MAINTAIN THAT THE FEDERAL SENTENCE NEVER COMMENCED IN
1992, AND NOT COUNT ANY OF THE TIME IN THE TWENTY-THREE YEARS
PRIOR TO 2015 AGAINST THE FEDERAL SENTENCE?

DID THE FEDERAL BUREAU OF PRISONS ERR WHEN IN
CONSIDERING A BARDEN DETERMINATION PURSUANT TO 18 U.S.C. § 3621(b)
CATEGORICALLY ALLOW ONE FACTOR OF A FIVE-FACTOR TEST
MANDATED BY CONGRESS CONTROL THE DETERMINATION?

Question Presented (AI Summary)

Does the federal bureau of prisons exceed statutory authority when it commences a sentence in 1992, decides 11 years later in 2003 that it was state error for petitioner to have been placed in federal custody, and returns petitioner to state custody, and upon petitioner's return to federal custody in 2015, maintains that the federal sentence never commenced in 1992 and does not count any of the time in the 23 years prior to 2015 against the federal sentence?

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-24
Waiver of right of respondent J. C. Holland, Warden, et al. to respond filed.
2020-02-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 26, 2020)
2019-11-21
Application (19A567) granted by The Chief Justice extending the time to file until February 6, 2020.
2019-11-13
Application (19A567) to extend the time to file a petition for a writ of certiorari from December 9, 2019 to February 7, 2020, submitted to The Chief Justice.

Attorneys

J. C. Holland, Warden, et al.
Noel J. FranciscoSolicitor General, Respondent
Jean Bernier
Jean Bernier — Petitioner