Mangum v. Hallembaek (P)

For the second time, the appellant challenges the district court’s denial of his motion to compel the federal Bureau of Prisons to designate nunc pro tunc a state facility for service of his federal sentence under 18 U.S.C. § 3621(b). This designation would effectively run the appellant’s federal and state sentences concurrently rather than consecutively, allowing him to credit the time he spent in state prison serving his state sentence toward the previously imposed federal sentence that he had not yet served.

On the first remand, the Bureau denied the appellant’s request for a second time in a decision that contradicts this court’s earlier mandate to consider it. Therefore, on second remand, the district court shall direct the Bureau to reconsider the appelant’s request for nunc pro tunc designation.

Mangum v. Hallembaek (P), No. 17-7082, Dec. 12, 2018. 4th Cir. (Gregory) from EDNC at Raleigh (Flanagan).

Categories: 4th U.S. Circuit Court of Appeals, Opinions, Published


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