United States District Court, E.D. California
FINDINGS AND RECOMMENDATION TO GRANT RESPONDENT'S
MOTION TO DISMISS AND DENY PETITION FOR WRIT OF HABEAS CORPUS
[DOC. 11]
SHEILA
K. OBERTO, UNITED STATES MAGISTRATE JUDGE
Petitioner
is a federal prisoner proceeding pro se and in
forma pauperis with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241.
On June
7, 2019, Petitioner filed the instant petition. He is in the
custody of the Bureau of Prisons (“BOP”) at the
Federal Correctional Institution located in Mendota,
California. He challenges the computation of his federal
sentence by the BOP, and claims the BOP failed to credit his
federal sentence for time he was borrowed from state
authorities to face federal charges. On September 24, 2019,
Respondent filed a motion to dismiss in which he contends: 1)
Petitioner failed to exhaust his administrative remedies; and
2) The claims are meritless insofar as the BOP has correctly
computed his federal sentence. Petitioner did not file an
opposition.
For
reasons discussed below, the Court will RECOMMEND
Respondent's motion be GRANTED and the petition be DENIED
with prejudice.
DISCUSSION
I.
Background
A.
State Proceedings
Between
2007 and 2009, Petitioner committed several crimes in
Missouri, including stealing, second degree robbery, and
resisting arrest, for which he received state sentences
followed by state parole. (Doc. 11-2 at 19-20.) On April 22,
2014, he was released on parole. (Doc. 11-2 at 18.)
Thereafter, he was arrested for several offenses. (Doc. 11-2
at 13-15.) On March 25, 2015, the State of Missouri commenced
proceedings for violating state parole. (Doc. 11-2 at 18.) On
May 13, 2015, a parole revocation hearing was held, and
parole was revoked. (Doc. 11-2 at 31.) Petitioner was taken
into state custody for the remainder of the state prison term
which was set to expire on June 22, 2017. (Doc. 11-2 at 31.)
He obtained early release on April 27, 2017, for good
conduct. (Doc. 11-2 at 45, 49.)
B.
Federal Proceedings
On
April 29, 2015, Petitioner was indicted in the United States
District Court for the Eastern District of Missouri for
multiple offenses including being a felon in possession of a
firearm. United States v. Calmese, Case No.
4:15-cv-00199-CEJ (E.D.Mo. 2015.) On January 11, 2017,
Petitioner pled guilty to one count of being a felon in
possession of a firearm. Id. (Doc. 117.) On April
11, 2017, Petitioner was sentenced to serve a total federal
prison term of 65 months. Id. (Doc. 127.) On April
27, 2017, Petitioner was released from Missouri state custody
and taken into federal custody to commence serving his
federal sentence. (Doc. 11-2 at 45, 49.)
On
several occasions during the time Petitioner was in Missouri
custody serving his state sentence, Petitioner was borrowed
from state custody by federal authorities via writ of
habeas corpus ad prosequendum (“WHCAP”) for
federal proceedings. (Doc. 11-2 at 6-9.)
C.
Federal Sentence Calculation
The BOP
determined that Petitioner's sentence, which was imposed
on April 11, 2017, commenced on April 25, 2017-the date he
was released from Missouri and taken into federal custody.
(Doc. 11-2 at 7-9.) He was not awarded any credit for any
time between the date of his arrest, January 20, 2015, and
the date he was taken into federal custody, April 25, 2017.
(Doc. 11- 2 at 8.) He also received no credit against his
federal sentence for any time he was on loan from the State
of Missouri via WHCAP. (Doc. 11-2 at 8.)
On July
31, 2017, Petitioner submitted an inmate request with prison
authorities for credit against his sentence for time he was
on loan via WHCAP. (Doc. 11-2 at 8.) On August 9, 2017, the
BOP denied his request because that time period had already
been credited against the state sentence. (Doc. 11-2 at 8.)
Allowing for possible good time credits, the ...