USA v. Smith

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
UNITED STATES OF AMERICA 	PLAINTIFF
v. 	No. 4:22-cr-356-DPM
CARLUS SMITH 	DEFENDANT
ORDER
The Court received the attached letter from the Bureau of Prisons.
The 	Bureau 	has 	requested 	a 	non-binding 	recommendation 	about
whether 	Smith's 	sentence 	in 	this 	case 	should 	run 	concurrent 	or
consecutive to a twelve-year sentence imposed by the Circuit Court of
Pulaski County, Arkansas. 	See Fegans v. United States, 506 F.3d 1101,
1104 (8th Cir. 2007).
The Court recommends that it run consecutive. 	The Judgment
was silent on this point. 18 U.S.C. § 3584(a). The offenses are distinct.
Smith pleaded guilty in this case to illegally possessing a gun in 2022.
His state charges were based on crimes committed in 2024. 	State v.
Smith, No. 60CR-24-2259 (Pulaski County) (Sentencing Order). 	And
this 	Court 	imposed 	a 	sentence 	at 	the 	low 	end 	of 	the 	sentencing
guideline 	range 	in 	part 	because 	the 	federal 	sentence 	would 	run
consecutive to any sentence imposed for the pending state charges. For
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these reasons, the 	Court's 	non-binding 	view 	1s 	that 	a consecutive
sentence is just and fair. U.S.S.G. 5Gl.3(d).
The Court directs the Clerk to mail a copy of this Order to Kathy
Williams, the Bureau's Section Chief for Sentence Computation, at the
address listed at the top of the attached letter.
So Ordered.
v
D .P. Marshall Jr.
United States District Judge
-2-
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Designation and Sentence Computation Center
November 	5, 	2025
The Honorable D.P. 	Marshall, 	Jr.
United States 	District 	Court 	Judge
for 	the 	Eastern District 	of Arkansas
Richard Sheppard Arnold United States 	Courthouse
600 	West 	Capitol Avenue, 	Room Bl49
Little Rock, 	Arkansas 	72201
RE: 	SMITH, 	Carlus
Register Number: 	35901-510
Case Number: 	4:22-cr-356-DPM
Dear Judge Marshall:
U.S. Department of Justice
Federal Bureau of Prisons
U.S. Armed Forces Reserve Complex
346 Marine Forces Drive
Grand Prairie, Texas 75051
On July 17, 	2024, 	Carlus Smith was 	sentenced by the 	Court 	to an 84-month
term of 	confinement 	for 	Felon in Possession of 	a 	Firearm. 	Mr. 	Smith has
requested credit 	for 	time 	spent 	in service 	of 	a 	state 	sentence, 	which the
Bureau of 	Prisons 	(Bureau) 	considers a 	request 	for 	a 	retroactive
designation, 	which would in turn make 	his 	federal 	sentence 	concurrent
with his 	state 	term. 	This would be 	accomplished by the Bureau
designating the 	state 	institution for 	service 	of 	his 	federal 	sentence
under 	18 U.S.C. 	§ 362l(b). 	Such action would thereby reduce 	the 	total
amount 	of 	time 	spent 	in custody. 	In Setser v. 	United States, 	566 	U.S.
231, 	237 	(2012), 	the 	United States Supreme Court 	held that 	the 	authority
to order a 	federal 	sentence 	concurrent with or 	consecutive 	to any other
sentence 	rests 	with the 	federal 	sentencing court. 	The Bureau 	is
requesting guidance 	as 	to how Mr. 	Smith's 	federal 	sentence 	should run
with respect 	to a 	sentence he 	is 	serving with the 	State of Arkansas.
At 	the 	time 	the 	federal 	sentence was 	imposed, 	Mr. 	Smith was 	under 	the
primary jurisdiction of 	state 	authorities 	in Arkansas, 	and in federal
custody pursuant 	to a 	writ 	of 	habeas 	corpus. 	The 	respective 	Judgment 	in
a 	Criminal 	Case was 	silent 	regarding any relationship with the
forthcoming 	action by the 	state. 	Following sentencing, 	Mr. 	Smith was
returned to 	state 	authorities 	and the 	U.S. 	District 	Court 	Judgment 	was
filed as 	a 	detainer.
At 	the 	time Mr. 	Smith was 	federally 	sentenced, 	he was 	in service 	of 	an
originally imposed 120-month term of 	imprisonment based on the 	revocation
of 	his parole on May 6, 	2024, 	in the 	Circuit 	Court 	of 	Pulaski 	County Case
Numbers 	60CR-16-4166, 	60CR-16-4115, 	60CR-14-1027, 	and 60CR-06-4815. 	On
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August 	29, 	2024, 	Mr. 	Smith's 	state 	obligation was 	satisfied, 	and he was
held in custody pending other 	charges 	in the 	Circuit 	Court 	of 	Pulaski
County Case Number 	60CR-24-2259.
On September 30, 	2024, 	Mr. 	Smith was 	sentenced by the 	State of Arkansas
to a 	144-month total 	term of 	imprisonment 	for 	Possession of 	Fentanyl 	with
Purpose 	to Deliver, 	Simultaneous 	Possession of 	Drugs 	and Firearms,
Possession of 	Firearm by Certain Person, 	Offenses Related to Records 	-
Maintaining Premises, 	and Unauthorized Use 	Property to 	Facilitate Crime,
in the 	Circuit 	Court 	of 	Pulaski 	County Case Number 	60CR-24-2259. 	The
state 	information received by the Bureau indicates 	the 	court 	intended the
sentence 	to 	run concurrently with the 	federal 	sentence.
The Bureau strives 	to administer 	sentences 	in accordance 	with federal
statutes, 	Bureau policy, 	and the 	intent 	of 	the 	sentencing court. 	If,
after 	60 	days, 	a 	response has 	not 	been received from 	the 	Court, 	the
Bureau will 	complete 	its 	review and make 	a 	decision regarding this 	case.
Should the 	Court 	indicate 	the 	sentence 	is 	to 	run concurrently with the
144-month state 	term, 	the Bureau will 	commence 	the 	sentence 	in the 	above
judgment 	on August 	29, 	2024, 	the 	date 	state 	records 	indicate Mr. 	Smith
satisfied the previously served parole violation term 	in Case Numbers
60CR-16-4166, 	60CR-16-4115, 	60CR-14-1027, 	and 60CR-06-4815, 	which will
result 	in the 	satisfaction of 	Mr. 	Smith's 	federal 	sentence on or about
March 30, 	2030. 	Should the 	Court 	indicate 	the 	sentence 	is 	to 	run
consecutively to 	the 	state 	term, 	his 	84-month federal 	sentence will 	not
commence until 	he 	completes his 	state 	sentence and 	is 	released to 	the
federal 	detainer.
We 	respectfully request 	that you please 	advise us 	in writing at 	your
earliest 	convenience, 	as 	to the 	Court's position on a 	retroactive
designation in this 	case. 	Should additional 	information be 	necessary,
please 	contact Marcus 	Boudreaux, 	Correctional 	Programs 	Specialist, 	at
972-595-3189.
Sincerely,
Kathy Williams, 	Section Chief
Sentence Computations
brp
CC: 	Lauren Eldridge, 	AUSA
Mekisha D. 	Childers, 	USPO
t
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