United States v. Brown, Docket No. 05-1174-CR, et al., 2006 WL 13076 (2d Cir. Jan. 43, 2006)
Brown challenged his sentence arguing (among other things) that he should receive 168 days of "good time" credit for time served on a state sentence related to his federal conviction. Judge Crotty of the Southern District of New York rejected Brown's petition based on the provisions of 28 U.S.C. 3624(b), which governs credit toward service of a sentence for good behavior. More specifically, Judge Crotty found that 28 U.S.C. 3624(b) "makes clear that the sentence that is potentially subject to credit for good time served is the sentence the prisoner is currently serving -- i.e., the federal sentence. A federal sentence, moreover, 'commences on the date the defendant is received in custody' by federal officials.'"
While seemingly unconsequential, this decision is significant in guiding counsel who have clients charged and/or convicted by both state and federal authorities -- a circumstance that is increasingly more frequent. Such counsel need to be on the lookout for those places where state and federal policies and practices concerning incarceration overlap and conflict -- including the issue of good time credit.