Anthony Mangum v. S. Hallembaek
Opinion
*772
Appellant Anthony Wayne Mangum appeals the district court's denial of his motion to compel the federal Bureau of Prisons ("BOP") to comply with this Court's mandate in
Mangum v. Hallembaek
,
This Court agreed with Mangum and held that the BOP abused its discretion in denying his request for
nunc pro tunc
designation under
I.
A.
In February 2006, Mangum was indicted for conspiracy to distribute cocaine base in the Middle District of North Carolina.
Mangum
,
After the federal proceedings, Mangum was returned to Oklahoma custody in October 2007. He pleaded guilty to the four state charges and was sentenced concurrently to terms of ten years on count one, seven years on count two, and one year each for counts three and four.
Mangum remained in Oklahoma custody while serving his state sentences. He was
*773
paroled to a federal detainer on January 13, 2011, and the BOP, in preparing a sentence computation for Mangum, determined that his service of the federal sentence began on this date.
On January 3, 2013, Mangum requested that the BOP consider whether to designate
nunc pro tunc
the Oklahoma prison where he served his state sentence as the place for service of his federal sentence under
The BOP's refusal to grant
nunc pro tunc
relief, along with its sentencing computation, "effectively determined that the previously imposed federal sentence would be served consecutively to the later imposed state sentence," even though "the clearly expressed intent of the state sentencing court [was] that its sentence be served concurrently with the federal sentence."
On October 24, 2013, Mangum filed a petition for a writ of habeas corpus in the Eastern District of North Carolina, seeking credit against his federal sentence for the time he spent serving his state sentence from June 14, 2006, to January 13, 2011.
On May 25, 2016, this Court vacated in part the district court's judgment because it had "overlooked a two-pronged flaw in the BOP's exercise of its broad discretion" in denying Mangum's requested
nunc pro tunc
designation of the state facility.
First, this Court held that the BOP misapplied
any definition of an arbitrary and capricious determination by an administrative agency such as the BOP would include within it the agency's invocation of a presumed intention on the part of a federal sentencing judge to do that which he was powerless to do under binding circuit precedent at the time he imposed a sentence. In this case, one might reasonably expect the BOP to exercise its discretion to weigh heavily what the state judge did say rather than what the federal judge did not and could not say .
Mangum
,
Upon remand, the district court shall return this matter to the BOP so that the agency may give plenary consideration to Mangum's request for nunc pro tunc designation of the Oklahoma state facility as the place for service of his federal sentence. In considering the request, the BOP shall invoke no presumption under18 U.S.C. § 3584 (a) and shall fully evaluate all relevant factors under18 U.S.C. § 3621 (b) in a fashion consistent with the views expressed in this opinion.
B.
On July 28, 2016, the district court returned the matter to the BOP "so that it [could] give plenary consideration to [Mangum's] request for nunc pro tunc designation of the Oklahoma state facility as the place for service of his federal sentence as set forth above and in the Fourth Circuit's May 25, 2016 opinion." J.A. 99.
On October 17, 2016, the BOP's Designation and Sentence Computation Center reconsidered Mangum's request for
nunc pro tunc
designation under the statutory factors set forth in
On December 15, 2016, Mangum filed a motion to compel performance in the district court, arguing that the BOP had refused to obey the orders from the district court and this Court. J.A. 100-05. The BOP responded on December 29, 2016. J.A. 111-15. After acknowledging that its original review "was not consistent with the views expressed in the Fourth Circuit's opinion in this case," the BOP explained that it had "conducted another review of [Mangum's] request" on December 23, 2016, "this time consistent with the Fourth Circuit's directive." J.A. 111-12.
On August 4, 2017, the district court denied Mangum's motion to compel. J.A. 144-49. Citing a "Factors Under 18 USC 3621(b) Worksheet" that the BOP had completed as part of its second review, the district court held that the BOP properly evaluated each of the relevant statutory factors in denying Mangum's nunc pro tunc request. Addressing the fourth factor, the district court noted that the BOP contacted "the sentencing court, which did not express an opinion at sentencing, ... to obtain an opinion regarding retroactive designation." J.A. 148. The district court then reproduced the sentencing court's statement that it would not have ordered that the sentences run concurrently. The district court in its review did not mention that the BOP included the following in the "Comments" section at the end of the Factors Worksheet:
It appears that dicta in the opinion of the Fourth Circuit Court of Appeals in Mangum v. Hallembaek ,824 F.3d 98 (4th Cir. 2016), may suggest that under the unique circumstances of the case, the Bureau of Prisons could consider the intent of the state court judge in exercising its discretion. The Bureau of Prisons has done so in this case, and accordingly used its discretion consistent with its statutory authority under 18 U.S.C. [§] 3621(b) and the Fourth Circuit's opinion with respect to Mangum's request for nunc pro tunc designation.
In closing, the district court stated that, "[a]s directed by the Fourth Circuit, the BOP invoked no presumption under
This appeal followed. The issue this Court identified for briefing is "whether the district court erred in denying the motion to compel compliance with
Mangum v. Hallembaek
,
II.
"We review
de novo
whether a post-mandate judgment of the district court 'contravenes the mandate rule, or whether the mandate has been scrupulously and fully carried out.' "
Doe v. Chao
,
III.
A.
"The force of our prior mandate is governed by well-established principles."
Invention Submission Corp. v. Dudas
,
In this case, we must determine whether the district court faithfully executed our mandate when it denied Mangum's motion to compel compliance with our previous opinion. The respondents note that this Court has never held that the mandate rule applies to administrative agencies like the BOP, but the "general principle is easily recognized," and circuit case law accords with this conclusion. Wright, Miller & Cooper,
Federal Practice and Procedure
§ 4478.3, at 760 ;
see also
Scott v. Mason Coal Co.
,
B.
Mangum argues that on remand the district court erred in failing to compel the BOP to evaluate the relevant factors under
In
Mangum
, this Court reversed the district court's judgment because it had
*777
"overlooked a two-pronged flaw in the BOP's exercise of its broad discretion" under
The BOP disregarded these instructions on remand. In a letter sent less than three months after this Court's decision issued, the BOP again asked the federal sentencing court whether it would have ordered that Mangum serve his federal sentence concurrently with or consecutive to his state sentence. The BOP's letter clearly indicates that its nunc pro tunc determination would ultimately turn on the federal sentencing court's response. 5 After the federal court indicated that it would not have ordered that the sentences run concurrently "since the conduct in Oklahoma was not actually increasing his [federal] sentence," the BOP recorded this response in its Factors Worksheet as a basis for denying Mangum's nunc pro tunc request, even though Mangum had not been convicted of the Oklahoma offenses at the time of federal sentencing and thus his conduct in Oklahoma could not have increased his federal sentence. By contrast, the BOP gave the state court's sentencing views only token consideration. It characterized as "dicta" this Court's instruction that the BOP consider the state court's views and indicated that it "has done so in this case" without elaborating on this assertion or otherwise engaging with the state court's clear preference for concurrent sentences. The district court, overlooking the flaws in the BOP's analysis, concluded that the agency had "evaluated all of the relevant factors ... in a manner that is consistent with the Fourth Circuit's opinion." J.A. 149.
The BOP's actions on remand were directly contrary to this Court's holding that
*778
the federal sentencing court's views on Mangum's
nunc pro tunc
request were legally irrelevant, and that the BOP thus could give no weight to these views and must instead "weigh heavily" the state court's statement that the sentences should run concurrently.
See
Mangum
,
Under our mandate, however, the state court's statement was entitled
as a matter of law
to receive more weight than the federal court's views, which could be given no weight under binding circuit precedent at the time.
6
The BOP thus could not have properly concluded that the state court's clear preference for concurrent sentences was outweighed by any statement from the federal sentencing court. And yet that is precisely what it did. The BOP's weighing of the federal court's sentencing views and its perfunctory consideration of the state court's statement-an assertion that it "has done so in this case" with no accompanying reasoning to explain why it was declining to honor the state court's wishes-mark an improper deviation from our mandate and require that we reverse the district court's denial of Mangum's motion.
See
Invention Submission Corp.
,
It is true, as the respondents contend, that the BOP is not bound by the state court's sentencing preference in the
nunc pro tunc
analysis.
See
Barden v. Keohane
,
The respondents' remaining arguments likewise prove unavailing. The respondents
*779
contend that Mangum "has mischaracterized the scope of the mandate to include dicta," but this Court's determination that the federal court's sentencing views were legally irrelevant, and that the state court's preference for concurrent sentences was thus entitled to weight in the
nunc pro tunc
analysis, was central to the holding in our prior opinion.
See
Mangum
,
Relying heavily on our unpublished decision in
Trowell v. Beeler
, the respondents also argue that the BOP conducted a proper
nunc pro tunc
analysis because it completed the Factors Worksheet and took into account each of the relevant statutory factors before exercising its broad discretion to deny Mangum's request.
Finally, the respondents defend the BOP's actions by contending that "one might [ ] reasonably expect BOP to follow up with the federal sentencing judge" given that § 3621(b) includes as a factor for consideration "any statement by the court that imposed the sentence."
IV.
For the foregoing reasons, we hold that the BOP failed to comply with this Court's mandate in evaluating Mangum's request for
nunc pro tunc
designation of the Oklahoma state facility as the place for service of his federal sentence. We therefore reverse the district court's denial of Mangum's motion to compel compliance. On remand, the district court shall enter an order directing the BOP to reconsider Mangum's request for
nunc pro tunc
designation in light of this opinion. In reevaluating the request, the BOP shall not invoke the views of the federal sentencing court and shall weigh heavily the state court's desire for concurrent sentences in the course of conducting a full and proper evaluation of all relevant factors under
REVERSED AND REMANDED WITH INSTRUCTIONS
Section 3621(b) provides in relevant part:
The Bureau of Prisons shall designate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau ... that the Bureau determines to be appropriate and suitable, considering-
(1) the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the sentence-
(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or
(B) recommending a type of penal or correctional facility as appropriate; and
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28.
Relying primarily on
United States v. Hall
,
Several of our sister circuits have likewise concluded that the mandate rule applies to administrative agencies.
See, e.g.
,
Grigsby v. Barnhart
,
The first prong of the flaw was the BOP's reliance on the statutory presumption in favor of consecutive sentences as a basis for denying Mangum's
nunc pro tunc
request.
See
Mangum
,
See S.J.A. 158 ("It is the Bureau's preference that the federal sentencing Court state its position with respect to a retroactive designation. ... Should the Court indicate the sentence is to run concurrent with the state term, the Bureau will commence the sentence in the above judgment on May 16, 2007, the date of imposition, which will result in Mr. Mangum's release from custody on or about June 15, 2025. Should the Court indicate the term is to run consecutive to the state term, [Mangum] will continue to a current projected release date of January 14, 2030.").
We recognize, as noted above, that our precedent subsequently was abrogated by
Setser v. United States
,
Reference
- Full Case Name
- Anthony Wayne MANGUM, Petitioner - Appellant, v. Warden S. HALLEMBAEK, Respondent - Appellee, and United States of America; Bureau of Prisons, Respondents.
- Cited By
- 17 cases
- Status
- Published