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Rieder v. Ives

June 12, 2009

MATTHEW RIEDER, PETITIONER,
v.
RICHARD B. IVES, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner is serving a 181 month term of imprisonment following his conviction for unarmed bank robbery (2 counts) in violation of 18 U.S.C. § 2113(a), armed bank robbery (2 counts) in violation of 18 U.S.C. § 2113(a) and (d) and brandishing a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(ii).

Petitioner raises four grounds for relief challenging his sentence. After carefully reviewing the record, the court orders the petition denied.

Undisputed Factual Background

On March 21, 2001, petitioner was arrested by the Palo Alto Police Department and placed under the exclusive jurisdiction of the State of California. On January 20, 2002, while still in state custody, petitioner was indicted by the United States District Court for the Northern District of California on the charges of which he is now convicted.

On February 5, 2002, a Writ of Habeas Corpus ad Prosequendum was issued for the production of petitioner in the district court to answer the indictment. On March 6, 2002, petitioner was removed from the Santa Clara County Jail by the U.S. Marshals Service pursuant to the Writ of Habeas Corpus ad Prosequendum. On December 3, 2002, petitioner plead guilty to the indictment.

On April 8, 2003, petitioner was sentenced in federal court to 181 months. On April 21, 2003, petitioner was returned to the Santa Clara County Jail. On May 2, 2003, petitioner was sentenced in state court to 3 years with credit for 748 days.

On September 26, 2003, petitioner was paroled from the state sentence to the U.S. Marshals Service detainer. As a result of his parole, petitioner was placed in the exclusive custody of the federal government. His sentence was calculated to commence on that date. Discussion

Claim One

Petitioner alleges that he is entitled to 450 days of federal sentence credit for the time he spent in state custody because he was denied bail in the state case as a result of the federal detainer.

18 U.S.C. § 3585 provides

(b) Credit for prior custody. A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences--1) as a result of the offense for which the sentence was imposed; or

2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which the sentence was imposed; that has ...


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