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Stewart v. English

United States District Court, D. Kansas

February 27, 2017

RODERICK DEWHAWN STEWART, Petitioner,
v.
N.C. ENGLISH, Respondent.

          MEMORANDUM AND ORDER

          JOHN W. LUNGSTRUM U.S. District Judge

         This matter is a petition for habeas corpus filed under 28 U.S.C. § 2241. Petitioner is serving a 160-month federal sentence at the United States Penitentiary, Leavenworth, Kansas. He challenges the execution of that sentence.

         Background

         On March 31, 2010, Arkansas state authorities arrested petitioner for possession of cocaine with intent to deliver and unauthorized use of another person's property to facilitate certain crimes. The matter was assigned Case No. CR-10-1946. On April 1, 2010, the Pulaski County Circuit Court released him on bond. (Doc. #7, Attach. 1, Ex. F.)

         On May 18, 2010, Arkansas state authorities again arrested petitioner on warrants related to the earlier case. At that time, petitioner also faced charges in five other criminal cases in the Pulaski County Circuit Court: CR-10-2076, CR-10-70, CR-10-3752, CR-10-984, and CR-10-35. Id., Exs. G-H.

         On September 16, 2010, petitioner was sentenced in the state court to terms of 120 months in CR-10-70, 12 months in CR-10-984, and 180 months in CR-10-1946. The state court granted 146 days of jail credit. Two cases, CR-10-2076 and CR-10-35, were not prosecuted. Id.

         On November 18, 2010, petitioner was sentenced to a term of 120 months in Case No. CR-10-3752. The Pulaski County Circuit Court ordered the sentences imposed in Case Nos. CR-10-70, CR-10-1946, and CR-10-3752 to run concurrent to that sentence and credited petitioner with 275 days of jail time credit. Id., Exs. G-H.

         On April 6, 2011, federal authorities filed an indictment in United States of America v. Roderick Deshawn Stewart, 4:11-cr-00078-BRW (E.D. Ark.). On the following day, the Eastern District of Arkansas issued a warrant for petitioner's arrest. Id., Ex. J.

         On April 12, 2011, the Eastern District of Arkansas issued a writ of habeas corpus ad prosequendum for petitioner. Beginning on April 27, 2011, petitioner was borrowed from state custody pursuant to that writ. Id., Exs. K-L.

         On June 1, 2012, petitioner was sentenced to a federal term of 160 months for distribution of cocaine base. The Eastern District of Arkansas ordered the sentence to run concurrently with the undischarged state sentence. Id., Ex. M.

         On June 6, 2012, the United States Marshals Service (“USMS”) returned petitioner to the custody of Arkansas state authorities and placed the federal judgment and commitment order as a detainer. The federal Bureau of Prisons (“BOP”) designated the Arkansas Department of Corrections as the place where petitioner commenced his federal sentence. Id., Ex. N.

         On March 13, 2014, petitioner was released on parole from his Arkansas state sentence to the custody of the USMS. Id., Ex. O. His projected release date from his federal sentence is September 11, 2023, by a good conduct time release. Id., Ex. B.

         Issue

         Petitioner seeks credit on his federal sentence from March 30, ...


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