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Lane v. N.C. English

United States District Court, D. Kansas

June 23, 2017

CHARLES EDWARD LANE, JR., Petitioner,
v.
N.C. ENGLISH, Warden, USP-Leavenworth, Respondent.

          MEMORANDUM AND ORDER

          JOHN W. LUNGSTRUM UNITED STATES DISTRICT JUDGE

         This matter is a petition for writ of habeas corpus filed under 28 U.S.C. § 2241. Petitioner, a prisoner in federal custody at USP-Leavenworth (“USPL”), proceeds pro se. Petitioner challenges the calculation of his federal sentence. The Court issued an Order to Show Cause (Doc. 3), Respondent filed an Answer and Return (Doc. 6), Petitioner filed a Traverse (Doc. 7), and the matter is ready for resolution. The Court finds that Petitioner does not allege facts establishing a federal constitutional violation and denies relief.

         I. Background

         Petitioner is incarcerated with the Federal Bureau of Prisons (“BOP”) at USPL. Petitioner was sentenced in the Southern District of Iowa on October 27, 2006, and is currently serving a 262 month term of imprisonment for Conspiracy to Distribute Crack Cocaine in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A). (Doc. 6-1, at 2.) Petitioner has a projected release date of February 2, 2015, via good conduct time release. Id. at 10.

         II. Facts

         Petitioner was arrested by the Clinton County Police Department on November 10, 2005, for an outstanding warrant in State v. Charles Edward Lane, Jr., Case No. 07231AGCR050103, Clinton County, Iowa. Id. at 56. On November 14, 2005, the Clinton County Court released Petitioner on bond. Id.

         On January 24, 2006, a Criminal Complaint was filed in the United States District Court for the Southern District of Iowa stating Petitioner knowingly and intentionally conspired to distribute and possess with intent to distribute fifty (50) grams and more of a mixture and substance containing cocaine base, in violation of 21 U.S.C. §§ 841 and 846. On that same date, the United States District Court for the Southern District of Iowa issued an Arrest Warrant. Id. at 62. On January 31, 2006, Petitioner was arrested by the Drug Enforcement Administration (“DEA”) and was turned over to the United States Marshals (“USM”) on February 1, 2006, and detained.

         On October 27, 2006, Petitioner was sentenced in the United States District Court for the Southern District of Iowa in case number 3:06-cr-502, consisting of a 262-month term of imprisonment for Conspiracy to Distribute Crack Cocaine in violation of Title 21 U.S.C. §§ 846 and 841. Petitioner was remanded to the custody of the USM after sentencing, to begin service of the sentence.

         Petitioner received prior custody credit for time spent in custody of Clinton County, Iowa, from November 10, 2005, the date of his arrest for an outstanding warrant, to November 14, 2005, the date he was released on bond. Id. at 12. Petitioner received prior custody credit from January 31, 2006, the date he was arrested by DEA, to October 26, 2006, the day before his federal sentence was imposed. Id. Petitioner received a total of 274 days of prior custody credit. Based on Petitioner's sentencing date of October 27, 2006, and his 274-day prior custody credit, the BOP determined that the end of Petitioner's first year in prison was January 25, 2007. Id. at 6.

         As of April 24, 2017, Petitioner had served eleven years, two months, and twenty-eight days and had no disallowance of Good Conduct Time (“GCT”). Id. at 12. Petitioner had served a full eleven years, earning him 594 days of GCT, or 54 days per year. Per the BOP's calculations, if Petitioner maintains good behavior, he is projected to earn 1027 days of GCT over the course of his confinement. Id. Specifically, on January 26, 2025, Petitioner will have served nineteen full years, and earned 1026 days of GCT (19 x 54), shortening his sentence by over two years. As of January 26, 2025, Petitioner will have eight days remaining on his sentence, earning him a prorated GCT of one day. Petitioner would therefore serve seven days in his final year, giving him a projected release date of February 2, 2025. Id. at 11.

         III. Discussion

         1. Exhaustion

         Generally, a federal prisoner must exhaust available administrative remedies before commencing a habeas corpus petition under 28 U.S.C. § 2241. Williams v. O'Brien, 792 F.2d 986, 987 (10th Cir. 1986) (per curiam). The BOP's four-part administrative remedy program is codified at 28 C.F.R. § 542. Respondent acknowledges that Petitioner has exhausted his administrative remedies with respect to the issues presented in his Petition. (Doc. 6, at 3.)

         2. ...


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