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Kremer v. Rios

May 4, 2009

JOSEPH VERNON KREMER, PETITIONER,
v.
H.A. RIOS, JR., ET.AL., RESPONDENTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING CLERK OF COURT TO ENTER JUDGMENT IN FAVOR OF RESPONDENT [Doc. 1]

Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.*fn1 Pursuant to 28 U.S.C. § 636(c)(1), the parties have consented to the jurisdiction of the United States Magistrate Judge.

BACKGROUND

Petitioner committed the instant federal offense of Distribution of Cocaine to a Person Under the Age of 21, and Use of a Firearm in Furtherance of a Drug Trafficking Crime on June 14, 2003. (Exhibit 2, Declaration of Forest Kelly-Attachment One, Judgment in a Criminal Case, case number CR 03-103-LRR.)

On June 16, 2003, Petitioner was arrested by local authorities in Linn County, Iowa, for the state offense of Conspiracy to Commit Burglary (first degree). That arrest also resulted in the instant federal offense of Felon in Possession of a Firearm. (Exhibit 2, Declaration of Forest Kelly.)

On October 27, 2003, Petitioner was transferred to federal custody pursuant to a writ of habeas corpus ad prosequendum. (Id. at Attachment Two, Individual Custody and Detention Report - USM 129.)

On May 27, 2004, Petitioner was sentenced in the United States District Court for the Northern District of Iowa to a 133-month term of imprisonment for Felon in Possession of a Firearm, Use of a Firearm in Furtherance of a Drug Trafficking Crime, and Distribution of Cocaine to a Person Under the Age of 21. The Judgment does not indicate that the sentencing court ordered the sentence to be served concurrently with any sentence yet to be imposed. (Exhibit 2, Declaration of Forest Kelly-Attachment One, Judgment in a Criminal Case.)

Petitioner was subsequently returned to state custody on June 2, 2004. (Exhibit 2, Declaration of Forrest Kelly-Attachment Two, USM 129.)

On June 4, 2004, Petitioner was sentenced in Linn County, Iowa, case number FECR051970, to a 180-day term of confinement for Attempted Burglary (third degree) committed on June 16, 2003. On this same date, Petitioner was also sentenced in case number FECR042497, to a 180-day term of confinement for a probation violation. At the time of sentencing, the court found that Petitioner had already served the 180-day jail terms. (Exhibit 2, Declaration of Forrest Kelly-Attachment Three, Charges, Dispositions, Sentences information; Case Number FECR051970, Linn County Iowa; and Attachment Four, Charges, Dispositions, Sentences information; Case Number FECR042497, Linn County, Iowa.)

The 180-day period was for the period of time Petitioner spent in official detention from June 16, 2003 to December 12, 2003. (Exhibit 2, Declaration of Forest Kelly.)

Petitioner was released to the custody of the federal authorities on June 4, 2004. (Exhibit 2, Declaration of Forest Kelly-Attachment Two, USM 129.)

In the instant petition, Petitioner contends that the Bureau of Prisons has failed to properly compute his federal sentence to allow for prior custody credit from June 2003 to June 2004.

Respondent filed an answer to the petition on March 25, 2009, and Petitioner filed a traverse on April ...


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