No. 19-6716

Israel C. Isbell v. Steven Merlak, Warden

Lower Court: Sixth Circuit
Docketed: 2019-11-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law administrative-mistake civil-rights consecutive-sentence due-process federal-government federal-jurisdiction interstate-transfer jurisdiction pardon primary-jurisdiction prisoner-custody prisoner-transfer sentencing-procedure sixth-circuit-precedent sovereign-immunity state-custody
Key Terms:
Securities Immigration
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Does one sovereign lose or surrender its primary jurisdiction when it releases an inmate serving a consecutive sentence into the custody of another sovereign?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Does one sovereign specifically the federal government lose or surrender’ its . : primary jurisdiction when they release an inmate who is serving their consecutive : sentence into the physical custody of another sovereign, not on loan for prosecution ~ : but to serve the other sovereign's judgment against him? 2. i” Under the Sixth circuit precedent, "[t]he surrender to another state while the ‘prisoner is serving a sentence is equivalent to a pardon. : 7 : In such a case the judgment of, conviction is satisfied and there is no continuing © : : "jurisdiction." Isbell was serving a consecutive federal sentence when he was ; . surrendered to Illinois for service of Illinois' sentence. In an unpublished —— “opinion, the Sixth Circuit held that despite the surrender of Isbell, “the federal : government did not relinquish ... jurisdiction [of him] when he was released into the > custody of Illinois." \Did the Sixth Circuit err in not following their ow -. precedent? . 3. -“HBder the Sixth Circuit's precedent in Stroble, when a prisoner is loaned to a state : under the IAD, and that state. prosecutes the prisoner, then, through an administrative mistake, commences that prisoner's sentence and imprisons him in their state without returning him, then, after discovering the error, returns him, it was ; held that such an administrative mistake could not result in the loss of the receiving sovereign's primary jurisdiction because it did not have primary jurisdiction, he was merely on loan under the IAD. Isbell was not loaned under the TAD, and primary jurisdiction rested with the United States, who then surrendered him to Illinois for service of his state sentence. Did the lower courts err when. they . _applied Stroble's reasoning to Isbell's case? : : 4, Under federal law, unless a federal court specifically orders a federal criminal _ sentence to rum concurrently to another sentence, "Multiple terms of imprisonment ~ : " imposed at different times are to be served consecutively." Isbell's federal judge did not order Isbell's sentence to rum concurrent to his already-imposed state court . sentence. Did the Bureau of Prisons err in holding that Isbell's federal sentence was concurrent,: and abuse its discretion by granting a mune pro tunc after first : . _ denying it? : 5. ‘Did the Sixth Circuit err in its holding that the United States did not relinquish ~ : . primaty jurisdiction over Isbell when it transferred him without writ to Illinois to : ; ' .* serve his Illinois sentence, or is the Ninth Circuit-correct in its intent analysis? . : ; LIST OF-PARTIES 7 [g] All parties appear in the caption of the case on the cover page. : , | ‘All parties do not appear in the caption of the case on the cover page. “A list of . all

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-12-04
Waiver of right of respondent United States to respond filed.
2019-09-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 23, 2019)

Attorneys

Israel C. Isbell
Israel Carl Isbell — Petitioner
Israel Carl Isbell — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent