Blood v. Bledsoe, No. 11-1206 (3d Cir. 2011)Annotate this Case
February 9, 2004, petitioner began serving 60 months on Tennessee convictions for possession of forged securities. While serving that sentence, he was convicted of unrelated offenses in Delaware. Before that court could sentence him, the Sixth Circuit vacated his Tennessee conviction. The Delaware court imposed a sentence of 78 months, stating that time served would be credited to the Delaware conviction and that it would be up to a Tennessee judge whether a new sentence would be consecutive or concurrent. August 14, 2006, the Tennessee court resentenced petitioner to 51 months to be served concurrently with his Delaware sentence. The Bureau of Prisons considered the Tennessee sentence to have commenced in 2004 and the Delaware sentence to have commenced when it was imposed in 2006, aggregated the sentences such that only about half of the Tennessee sentence overlapped with the Delaware sentence, resulting in a total term of 103 months. The district court denied habeas corpus. The Third Circuit affirmed. The Tennessee sentence was appropriately treated as commencing in 2004, consistent with interpretation of 18 U.S.C. 3584(c); the disputed time was served on the Tennessee sentence. Since the statute prohibits double crediting, petitioner is not also entitled to have the time counted toward his Delaware sentence.