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Harris v. Tews

United States District Court, N.D. California

September 4, 2014

MICHAEL RAY HARRIS, Petitioner,
v.
RANDY TEWS, Respondent.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

WILLIAM ALSUP, District Judge

INTRODUCTION

In this habeas action filed by a federal prisoner, the petition is DENIED.

STATEMENT

The motion and the case record show the following facts. On September 16, 1988, petitioner, Michael Ray Harris, was sentenced by the State of California to twenty-five years to life for conspiracy to commit murder and a consecutive three-year sentence for bodily injury in Los Angeles Superior Court (Boudreaux Decl. ¶ 4). Subsequently, the United States District Court for the Central District of California issued a writ of habeas corpus ad prosequendum ( ibid. ). On January 4, 1989, the U.S. Marshals Service took custody of petitioner from the State of California, where he was serving the state sentence, in order for him to face prosecution in the Central District of California on federal drug charges. While the federal writ provided authority for the U.S. Marshals Service to take custody, the state sentence remained intact and running while petitioner was on writ.

On November 26, 1990, the district court sentenced petitioner to 235 months for (1) conspiracy to possess with intent to distribute cocaine, (2) for aiding and abetting the possession and distribution of cocaine, and (3) for possession with intent to distribute cocaine ( id. ¶ 5). The district court ordered the 235 month federal sentence to be served consecutively to petitioner's state prison sentence. Petitioner was returned to state custody on January 11, 1991, after the federal court sentencing, with a detainer for the federal sentence ( id. ¶ 6).

On October 7, 2011, petitioner was paroled from his state sentence and, on October 11, 2011, was released to the U.S. Marshals Service to commence service of the federal sentence in accordance with 18 U.S.C. Section 3585(a) ( id. ¶ 7).

In October, the Bureau of Prisons was notified by the U.S. Marshals Service that petitioner was in federal custody, and he was transported to the Federal Detention Center at Dublin, California, pending designation ( ibid. ). The Bureau of Prisons completed petitioner's initial sentencing computation on October 18, 2011. The sentence computation was certified by the Bureau of Prisons on August 16, 2012, after receipt of additional documents from various sources. According to the certified sentencing computation, petitioner's federal sentence commenced on October 7, 2011, and his projected release date is October 27, 2028 ( id. ¶ 8-18).

According to the records obtained by the Bureau of Prisons from the State of California Department of Corrections, petitioner's determinate three-year sentence was the first sentence to run. Petitioner completed that sentence on January 31, 1990, at which time his term of life with possibility of parole commenced ( id. ¶ 8). Petitioner was released on state parole on October 11, 2011, and was discharged from state parole on March 6, 2012 ( id. Exh. 5).

On December 16, 2011, petitioner filed the instant petition for writ of habeas corpus. Petitioner raises five claims. Claims 1-3 allege that the Bureau of Prisons failed to credit him with time served on state charges toward his federal sentence. Claim 4 alleges that petitioner is entitled to a correction of "inaccuracies, outdated, and irrelevant information contained in his [p]resentence [investigative] report [PRS']" (Habeas 10). Claim 5 challenges the decision by the State of California on October 7, 2011, to honor the federal detainer by releasing petitioner to the U.S. Marshals Service. For the reasons set forth below, petitioner's motion is DENIED.

ANALYSIS

A district court may entertain a petition for writ of habeas corpus from a person "in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. 2241(c)(3). The court shall "award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto." 28 U.S.C. 2243.

1. PRIMARY CUSTODY OF PETITIONER.

In his first claim, petitioner argues that he is entitled to credit toward his federal sentence for time spent in federal custody pursuant to the writ of habeas corpus ad prosequendum. Between November 26, 1990, and October 7, 2011, petitioner claims to have spent roughly four years and seven months in federal custody (Habeas 8, Opp. 3). Because the time petitioner spent in federal custody was already ...


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