122594P.pdf   06/06/2013  Charles Elwell  v.  Scott Fisher
   U.S. Court of Appeals Case No:  12-2594
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Melloy, Author, with Smith and Benton, Circuit Judges]
   Prisoner case - Habeas. The district court and the Bureau of Prisons
   properly applied the doctrine of primary jurisdiction in analyzing
   defendant's state and federal sentences and in determining Iowa had
   primary jurisdiction at the time in question; the Bureau correctly
   interpreted the district court's silence as to whether defendant's federal
   time was to be consecutive or concurrent to his yet-to-be-imposed state
   sentences as requiring consecutive sentence under 18 U.S.C. Sec.
   3584(a); further, since defendant received state credit for the period
   between March 2007 and February, 2009, he was not eligible for federal
   credit for the time pursuant to 18 U.S.C. Sec. 3585(b); the Bureau did not
   abuse its discretion by denying defendant's request to designate, nunc pro
   tunc, various facilities where he was housed prior to February, 2009 as
   the locations for serving his federal sentence.