United States District Court, D. Kansas
MEMORANDUM AND ORDER
W. LUNGSTRUM U.S. District Judge
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.
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.)
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.,
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.
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.
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.
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.
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.
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.
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.
seeks credit on his federal sentence from March 30, ...