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BOP Erred in Running State Sentence Consecutive to Federal Sentence
Loaded on July 15, 1999
published in Prison Legal News
July, 1999, page 18
Afederal district court in Oregon granted a federal prisoner's petition for habeas corpus, ordering his immediate release from confinement. The court held that the federal Bureau of Prisons (BOP) improperly treated the prisoner's concurrent California state sentence as consecutive to his federal sentence, thereby extending his term of confinement by …
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More from this issue:
- Strip Mining Human Rights in Virginia's Supermax Dungeons, by Dan Pens
- Florida Guards Acquitted in Brutality Case, by Alex Friedmann
- The Mentally Disordered Inmate and the Law, by Fred Cohen (Book Review), by Paul Wright
- From the Editor, by Dan Pens
- Behind Bars in Brazil (Review of Human Rights Watch Report), by Julia Lutsky
- Human Feces in California Prison's Water, by Willie Wisely
- Iowa to Close Prison Law Libraries
- South Korea Frees Political Prisoner after 41 Years
- Ohio Prisons Cited by EPA, by Dan Cahill
- Missouri Ends Ad Seg Ban on Publications
- Detainee Beaten to Death at Nassau County Jail, by Alex Friedmann
- Wisconsin Prisoners Stage Food Protest
- Exhaustion Required
- PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive
- Illinois Exhaustion Described
- Federal Habeas Not Subject to PLRA
- PLRA Doesn't Affect Court Contempt Powers
- PLRA Physical Injury Requirement Not Retroactive
- Guard Guilty of Penis Stomping
- Florida Prison Erupts
- Washington Gift Subscription Ban Injunction Affirmed
- $660,000 Awarded in Post-Sandin Segregation Suit
- Private Prison Guard Is State Actor for § 1983 Purposes
- VitaPro President Arrested
- Liberty Interest in Parole-Required Custody Classification
- Withholding Dental Care Violates Eighth Amendment, by Ronald Young
- No Interlocutory Appeal on Supervisory Liability When Guard Stabs Prisoner
- Denial of HIV Medication Subjects Medical Contractor to Liability
- Kansas Good Time Forfeiture Violates Ex Post Facto
- Arizona Prisoners Can Pay Filing Fee in Installments
- Infraction Inadmissable at Criminal Trial
- BOP Erred in Running State Sentence Consecutive to Federal Sentence
- Washington Restitution Order Expired Ten Years After Release
- Adequate Opportunity for Discovery Required
- Texas Courts Must Hold Hearing Before Dismissing Suit for Having No Arguable Basis in Fact
- No Suspicion Required for California Parolee Searches
- IDEA Confers Right to Education Even in SHU
- $130,000 in Damages and Fees Awarded in New York Retaliation Suit
- Qualified Immunity in Transsexual Treatment Case
- New York Work Release Suit Dismissed
- Edwards No Bar to Seg Suit
- Washington EFV Cut-Off Date Questioned
- News in Brief
- Retaliation Suit States Claim
- FRAP 24 Good Faith Standard Not High
- 376 Days in New York Seg "Atypical and Significant" Hardship
More from these topics:
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- California Supreme Court Limits Money Bail for Nonviolent Charges, July 1, 2026. Conditions of Confinement, Sentencing, Due Process, Constitutional Challenges/Law, Pretrial Detention and Detainees.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.

