Ronnie Lee Jackson v. United States of America

ALD- 191 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 06-3221
________________
RONNIE LEE JACKSON,
Appellant
v.
UNITED STATES OF AMERICA;
THOMAS MARINO
____________________________________
On Appeal From the United States District Court
For the Middle District of Pennsylvania
(M.D. Pa. Civ. No. 05-cv-01948)
District Judge: Honorable Christopher C. Conner
_______________________________________
Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B)
April 19, 2007
Before: SLOVITER, CHAGARES AND GREENBERG, CIRCUIT JUDGES
(Filed: May 8, 2007)
_______________________
OPINION
_______________________
PER CURIAM
Ronnie Lee Jackson, a federal prisoner proceeding pro se, appeals from an order of
the United States District Court for the Middle District of Pennsylvania denying his
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. We will dismiss

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1This appeal was previously terminated for a failure to pay the filing fee. We hereby
grant Jackson’s motion to reopen his appeal and his motion to proceed in forma pauperis.
2
Jackson’s appeal pursuant to 28 U.S.C. § 1915(e)(2)(B).1
On March 13, 2002, Jackson was sentenced in Pennsylvania state court to a term
of one to two years in prison. While serving his state sentence, Jackson was placed in the
custody of federal authorities to respond to unrelated criminal charges. Jackson was
convicted of the federal charges, and on March 19, 2003, he was sentenced to 84 months
in prison. On March 22, 2003, Jackson was released on parole from state custody, and
federal authorities assumed custody. Jackson received prior custody credit pursuant to 18
U.S.C. § 3585(b) for four days of time served that were not applied to another sentence.
In his habeas petition, Jackson sought credit toward his federal sentence for the
time he served on his state court sentence. Jackson relied on statements by the federal
sentencing judge, which he believed established an intent to afford him such credit.
Jackson cited United States Sentencing Guideline § 5G1.3(c) and our decision in
Ruggiano v. Reish, 307 F.3d 121 (3d Cir. 2002), in support of his habeas petition.
As recognized by the District Court, we held in Ruggiano that a federal sentencing
court had authority under U.S.S.G. § 5G1.3(c) to adjust a sentence for time served on a
state conviction. Ruggiano, 307 F.3d at 131. In concluding that the sentencing court
exercised this power in sentencing the defendant, we noted that the defendant requested
the application of § 5G, and that the sentencing court stated at the hearing that it would
recommend that the federal sentence “be served concurrently and that [the defendant]

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2Application Note 3(E) to U.S.S.G. § 5G1.3 now states that subsection (c) does not
authorize an adjustment for time served on a prior undischarged term of imprisonment,
and a court may consider a downward departure in extraordinary cases. This amendment
became effective November 1, 2003, after Jackson’s sentence was imposed. To the
3
receive credit for the amount of time that he had served there.” Id. (citation omitted).
The written judgment stated, “Sentence imposed to run concurrent with State sentence.
Defendant to receive credit for time served.” Id.
Similar directives are not present in this case. As set forth more fully in the
District Court’s opinion, prior to imposing sentence, Jackson’s counsel made several
requests, including a request that Jackson be credited for time served. The sentencing
judge replied, “All right.” Ex. to Response to Habeas Petition at 18. The sentencing
judge then recounted Jackson’s significant criminal history, and stated that he intended to
impose a sentence of seven years, noting that the sentence was within the guidelines and
very reasonable. Counsel again raised the request for credit for time served, and the
sentencing judge replied, “Yes, Indeed.” Ex. to Response to Habeas Petition at 20.
Jackson’s written judgment reflects a prison term of 84 months (or seven years). Unlike
in Ruggiano, § 5G was not discussed at Jackson’s hearing. In addition, the sentencing
judge did not state orally or in the written judgment that the sentences should run
concurrently, or that Jackson should receive credit for time served on the state sentence,
as opposed to the credit that could be (and ultimately was) afforded pursuant to 18 U.S.C.
§ 3585(b).
Accordingly, we will dismiss this appeal pursuant to 28 U.S.C. § 1915(e)(2)(B). 2

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extent the amendment may be viewed as a clarifying amendment that is retroactively
applicable, see United States v. Diaz, 245 F.3d 294, 301 (3d Cir. 2001), the result in this
case would be the same.
4

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