Rios V. Wiley

This matter comes before this court on an appeal from an order granting a petition for a writ of habeas corpus. Petitioner Francisco Rios filed his petition under 28 U.S.C. S 2241 against respondent Ron Wiley, the warden of the Federal Prison Camp at Allenwood, Pennsylvania ("FPC-Allenwood").*fn1 The sole issue on appeal is whether the district court erroneously determined that Rios was entitled to credit on his federal sentence for a period of 22 months that he was in federal detention pursuant to a writ of habeas corpus ad prosequendum prior to the imposition of his federal sentence for narcotics violations. We will affirm the order of the district court granting Rios's habeas corpus petition and thus allowing him the relief he seeks, but we reach our result on different grounds than those on which the district court relied.