United States District Court, N.D. West Virginia
MEMORANDUM OPINION AND ORDER DENYING RESPONDENT'S
MOTION FOR RECONSIDERATION [DKT. NO. 29]
M. KEELEY, UNITED STATES DISTRICT JUDGE
April 15, 2019, the respondent, Jennifer Saad
(“Saad”), moved the Court to reconsider its March
26, 2019 Memorandum Opinion and Order, granting in part the
Petitioner's § 2241 petition, pursuant to Federal
Rule of Civil Procedure Rule 60(b) (Dkt. No. 26). For the
reasons that follow, the Court DENIES
Saad's motion (Dkt. No. 29).
Factual Background 
31, 2012, the United States District Court for the Western
District of Virginia sentenced the petitioner, Richard Lee
Bates (“Bates”), to 46 months of imprisonment for
distribution of Oxycodone, in violation of 21 U.S.C. §
841(a)(1) (Count 3), and 60 months of imprisonment for
possession of a firearm during and in relation to a drug
trafficking offense, in violation of 18 U.S.C. §
924(c)(1) (Count 4), for a total term of 106 months (Dkt. No.
13-2 at 2-3). In July 2012, the Henry Circuit Court, in Henry
County, Virginia, sentenced Bates to 10 years of imprisonment
with 5 years suspended, which he began serving on August 30,
2012. Id. at 3. When Bates completed his state
sentence on March 9, 2016, he was transferred to the custody
of the United States Marshals Service to begin serving his
federal sentence of 106 months (Dkt. No. 13-3 at 14).
2016, Bates sought a two-level reduction of his sentence for
distribution of Oxycodone (Count 3) pursuant to 28 U.S.C.
§ 994(u). Id. at 15. The Western District of
Virginia granted Bates's motion and reduced his total
term of imprisonment from 106 to 97 months (37 months on
Count 3 and 60 months on Count 4). Id.
2016, the Federal Bureau of Prisons (“BOP”)
granted Bates's request for a nunc pro tunc
designation as to Count 3. Id. at 16-18. To
effectuate the nunc pro tunc designation, the BOP
selected a retroactive start date for Bates's federal
sentence so that his 37-month sentence on Count 3 would run
concurrently with his previously-served state sentence and
his 60-month sentence on Count 4--which had to be served
consecutively to any other sentence--would begin on March 9,
2016, the day he was transferred in to federal custody (Dkt.
No. 13-2 at 3).
to the BOP's calculation, Bates would begin his 37-month
sentence on July 1, 2013, and satisfy it on March 8, 2016,
the day before being released to federal custody to begin
serving his 60-month sentence on Count 4. Id.
Accordingly, the BOP has contended here that Bates would
satisfy his 60-month sentence on July 13, 2021--more than 64
months later--less good conduct time (“GCT”)
(Dkt. No. 13-3 at 23).
August 16, 2017, Bates filed a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241 in which he alleged
that, after his nunc pro tunc designation was
granted, the BOP miscalculated his credit for time spent in
state prison (Dkt. No. 1). In response, Saad filed a motion
to dismiss or, in the alternative, for summary judgment (Dkt.
No. 13). On October 24, 2018, the Honorable Michael J. Aloi,
United States Magistrate Judge, issued a Report and
Recommendation (“R&R”), recommending that the
Court grant Saad's motion and dismiss Bates's
petition (Dkt. No. 20).
March 26, 2019, the Court rejected the R&R, denied
Saad's motion, granted in part Bates's § 2241
petition, and directed the BOP to recalculate both the
retroactive start and end dates of Bates's federal
sentence (Dkt. No. 26). This Court's decision was based
on the conclusion that “the BOP's decision fail[ed]
to persuade under any deferential standard because the BOP
clearly abused its discretion when it selected July 1, 2013,
as the retroactive start of Bates's 37-month term of
imprisonment.” Id. at 9-10. In support, the
Court explained that, by selecting July 1, 2013 as the
retroactive start date for his sentence on Count 3, the BOP
had effectively extended Bates's total 60-month term of
imprisonment by 4-plus months. Id. at 10-12.
Saad filed her timely motion for reconsideration (Dkt. No.
29), she included a previously unproferred explanation of how
the BOP calculates the start and end dates of federal
sentences (Dkt. No. 29-1), and asserted that the correct end
date for Bates's federal sentence is July 31, 2021, less
GCT (Dkt. No. 29 at 5).
Federal Rule of Civil Procedure 60(b), courts may relieve a
party from a final judgment, order, or ...