When in Doubt, Choose “D is Screwed”

Sample question for the Texas Board of Legal Specialization board-certification exam in criminal law:

Defendant Dillon committed a bank robbery on January 1, 2004. On March 3, 2005 he was arrested on an unrelated state drug charge. Tired of being on the run, Dillon copped a plea on the state case and got 10 years TDCJ. Dillon’s accomplice on the bank robbery snitched him out and feds charge him with bank robbery.   The Assistant U.S. Attorney filed a writ of habeas corpus ad presequendum to get Mr. Dillon into federal custody for his prosecution. Mr. Dillon cut another deal and got another ten year sentence. The federal judgment was silent on whether the sentences would be concurrent or consecutive. Dillon looked forward to being in federal custody, the food is so much better.    Which of the following is true? a. Dillon will serve both sentences in federal custody because he was “writted” into federal custody. b. Dillon’s federal time will “eat up” his state time and the sentences will run concurrently. c. Dillon is screwed. He will be sent back to state custody to serve his state sentence. When he completes his state sentence he will be sent to the feds to begin serving his federal sentence. d. None of the above.