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Williams v. Maye

United States District Court, Tenth Circuit

September 19, 2013

MARTIN T. WILLIAMS, Petitioner,
v.
CLAUDE MAYE, Respondent.

MEMORANDUM AND ORDER

RICHARD D. ROGERS U.S. Senior District Judge

This matter is a petition for habeas corpus filed pursuant to 28 U.S.C. § 2241. Petitioner, a prisoner in federal custody, proceeds pro se. He challenges the execution of his sentence.

Factual background

Petitioner is serving a 46-month sentence for Felon in Possession of a Firearm imposed in the United States District Court for the Eastern District of Wisconsin. At the December 15, 2009, sentencing, the sentencing judge imposed a hybrid sentence, ordering petitioner’s federal term to be “46 months, with 16 months running concurrently and 30 months running consecutively to the sentence in State of Wisconsin (Milwaukee County) Case No. 02-CF-4590.” In addition, the court recommended that the federal Bureau of Prisons (“BOP”) designate the state correctional facility for service of the concurrent portion of the federal sentence and placement in a facility as close to Milwaukee as possible. (Doc. 7, Attach. 2, Exs. D & F, Judgment & Commitment Order.)

Following sentencing, petitioner was returned to the custody of Wisconsin authorities for service of his state sentence. A detainer was lodged. Id., Ex. G, Detainer.

In November 2011, petitioner unsuccessfully sought a modification of his federal sentence to make the entire sentence concurrent with his state sentence.

In May 2012, he filed a petition pursuant to 28 U.S.C. §2255 in the sentencing court seeking to have the federal and state sentences run concurrently. The sentencing court denied this request and noted that the claims concerning the computation of his sentence should be presented in an action pursuant to § 2241.

On January 5, 2012, petitioner’s state sentence was fully satisfied. He was transferred to the Federal Correctional Institution in Pekin, Illinois, on January 17, 2012.

The BOP computed petitioner’s sentence as follows:

(1) The 30-month consecutive sentence was computed and reduced by the 117 days of Good Conduct Time that potentially could be earned by petitioner, resulting in a potential release date, or target date, of March 9, 2013.
(2) Petitioner’s preliminary commencement date was calculated by subtracting 46 months, the length of the sentence, from the target date and subtracting the potential good conduct time available during the federal term, yielding a commencement date of November 6, 2010.
(3) Petitioner’s federal sentence was commenced prior to his arrival at a federal correctional facility by a nunc pro tunc designation to the Wisconsin Department of Corrections for the concurrent portion of his state and federal sentences.
(4) Due to administrative disciplinary action, 27 days of good conduct time was disallowed from petitioner’s federal sentence. He is currently ...

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