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 a military prisoner designated for
service of his sentence in the custody of the federal Bureau
of Prisons ("BOP") . In this action, he alleges the
U.S. Army and the BOP improperly calculated his sentence,
failed to credit his sentence with earned abatement days and
good conduct time, and failed to establish a mandatory parole
is serving a 40-year military sentence. United States v.
Scott, 51 M.J. 326 (C.A.A.F. 1999) . At sentencing, he
was credited with 325 days for time spent in confinement
prior to the court-martial proceedings.
began serving his sentence at the United States Disciplinary
Barracks at Fort Leavenworth, Kansas ("USDB"), and
was transferred to the BOP on September 15, 2000, upon the
resolution of his military appeals.
held at the USDB, petitioner appeared before the Disciplinary
and Adjustment Board on multiple occasions for disciplinary
violations. As a result of disciplinary decisions, he
forfeited a total of 465 days of Statutory Good Conduct Time
2005, petitioner sought the restoration of the forfeited
time, and the Commandant, USDB, restored 30 days of
military sentence is calculated annually. The most recent
calculation, done on September 30, 2016, set his maximum
release date at January 26, 2035, and his minimum release
date at January 27, 2021.
general habeas corpus statute, 28 U.S.C. § 2241,
authorizes the federal courts to grant habeas corpus relief
to a person held “in violation of the Constitution or
law or treaties of the United States.” 28 U.S.C. §
2241(c)(3). A petition under § 2241 challenges
“the execution of a sentence rather than its validity
and must be filed in the district where the petitioner is
confined.” Brace v. United States, 634 F.3d
1167, 1169 (10th Cir. 2011).
an interagency Memorandum of Agreement between the U.S. Army
and the BOP, upon a military prisoner's transfer
to the BOP, the USDB remains responsible for sentence
computation and clemency action. The BOP is responsible for
housing and parole actions.
calculation of a military sentence is governed by Army
Regulation (“AR”) 633-30, Military Sentences
to Confinement. The current version, dated March
28, 1989, was in effect at the time of petitioner's
military sentence to confinement commences on the date the
sentence is adjudged and runs continuously until the term
expires. A military prisoner earns deductions, or abatements,
from a sentence for good conduct, for participating in
programming, and for employment while confined.
prisoners sentenced after May 31, 1951, to a term of over 10
years earn 10 days of GCT per month. This abatement is ...