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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:
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
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- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
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- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.
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- Maine Superior Court Order to Reform Public Defender System Paused on Appeal, Dec. 1, 2025. Indigent Defense, Injunctions, Habeas Corpus, Sixth Amendment, Counsel - Constructive denial of.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.