Why have the feds put a hold on my brother?

He has been in the state prison since 7/07, got a 25 year sentence , and it was to run concurrent with federal. He has been released from state time served. The feds then picked him up and his currently in a fed holdings facility. His federal sentence was originally 70 months got an amending judgements for 57 months. Shouldn't his time be served.

Albertville, AL -

Attorney Answers (2)

Claiborne Hambrick Ferguson

Claiborne Hambrick Ferguson

Federal Crime Lawyer - Memphis, TN
Answered

Generally, state time can't run concurent with fed (no.matter what state judge says). He needed to be in federal custody, get sentenced, moved to state get sentenced, go back to federal custody, serve his sentense consecutively (while being in federal prison). Without more info, that's ly best bet what happened. He now has to serve his federal sentence.

Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National... more
Joshua Sabert Lowther

Joshua Sabert Lowther

Federal Crime Lawyer - Savannah, GA
Answered

As a default rule, federal and state sentences run consecutively, unless the federal sentence specifically states that they run concurrently. A state court judge's order that a state sentence begin while an inmate is in federal custody is valid (because the federal time runs regardless of the order), but that order has no effect if the inmate is in state custody, because that judge cannot order the Federal Bureau of Prisons (BOP) to take the inmate into its custody or to commence the inmate's sentence. Unless the BOP agrees to credit the state time toward the federal time, the federal sentence did not begin until the inmate was received into BOP custody (except for the time served in pretrial detention in the US Marshals Service's custody).

Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
jlowther@nationalfederaldefense.com
http://www.NationalFederalDefense.com
866.380.1782

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