Jean Bernier v. J. C. Holland, Warden, et al.
AdministrativeLaw JusticiabilityDoctri
Does the federal bureau of prisons exceed statutory authority when it commences a sentence in 1992, decides 11 years later in 2003 that it was state error for petitioner to have been placed in federal custody, and returns petitioner to state custody, and upon petitioner's return to federal custody in 2015, maintains that the federal sentence never commenced in 1992 and does not count any of the time in the 23 years prior to 2015 against the federal sentence?
QUESTIONS PRESENTED Ss Ss DOES THE FEDERAL BUREAU OF PRISONS EXCEED THE STATUTORY AUTHORITY CONFERRED UPON THE AGENCY BY CONGRESS . IN 18 U.S.C. § 3585(a), WHEN IT COMMENCES A SENTENCE IN 1992, : DECIDES ELEVEN YEARS LATER, IN 2003, THAT iT WAS STATE ERROR, WHICH HAS NOT BEEN SUBSTANTIATED, FOR PETITIONER TO HAVE BEEN PLACED IN FEDERAL CUSTODY, AND RETURNS PETITIONER TO STATE CUSTODY, AND UPON PETITIONER'S RETURN TO FEDERAL CUSTODY IN 2015, MAINTAIN THAT THE FEDERAL SENTENCE NEVER COMMENCED IN. 1992, AND NOT COUNT ANY OF THE TIME IN THE TWENTY-THREE YEARS PRIOR TO 2015 AGAINST THE FEDERAL SENTENCE? B DID THE FEDERAL BUREAU OF PRISONS ERR WHEN IN CONSIDERING A BARDEN DETERMINATION PURSUANT TO 18 U.S.C. § 3621(b) CATEGORICALLY ALLOW ONE FACTOR OF A FIVE-FACTOR TEST MANDATED BY CONGRESS CONTROL THE DETERMINATION? +4 wd oO . i) . ™ 5 ay