United States District Court, D. Kansas
MEMORANDUM AND ORDER
CROW, U.S. Senior District Judge
a pro se prisoner in federal custody, challenges the
calculation of his federal sentence under 28 U.S.C. §
2241. The Court issued an Order to Show Cause (Doc. 7),
Respondent filed an Answer and Return (Doc. 12), Petitioner
filed a Traverse (Docs. 10, 13), and the matter is ready for
resolution. The Court finds that Petitioner does not allege
facts establishing a federal constitutional violation and
is incarcerated with the Federal Bureau of Prisons
(“BOP”), and is currently designated for service
of his federal sentence at the Residential Reentry Center
(“RRC”) GEO Reentry, Inc., located in
Leavenworth, Kansas. Petitioner was sentenced in the District
of Kansas on March 28, 1994, and is serving an aggregate
341-month term of imprisonment for Bank Robbery in violation
of 18 U.S.C. § 2113 and Use and Carry of a Firearm
During the Commission of a Crime of Violence in violation of
18 U.S.C. § 924(c). (Doc. 12-1, at 19-20.) Petitioner
has a projected release date of January 16, 2018, via good
conduct time release. Id. at 18.
February 2, 1993, Petitioner was arrested by the Federal
Bureau of Investigation in Denver, Colorado, for bank
robbery, and subsequently stood trial in the Western District
of Missouri. On November 16, 1993, Petitioner was found
not guilty and the Western District of Missouri entered a
judgment of acquittal on November 22, 1993. United States
v. Tyler, et al., 4:92-cr-00196-DBB-2 (W.D. Mo.); Doc.
12-1, at 88.
November 16, 1993, the USMS relinquished custody of
Petitioner to the District of Kansas pursuant to an
indictment issued in United States v. Harper,
2:93-cr-20069-JWL-01 (D. Kan.). (Doc. 12-1, at 91.)
Petitioner remained in continuous federal custody for both
his Missouri and Kansas federal cases.
jury in Petitioner's Kansas federal case found him guilty
of Bank Robbery, and Use and Carry of a Firearm During the
Commission of a Crime of Violence on March 28, 1994.
See Doc. 12-1, at 94. Petitioner was sentenced to a
341-month aggregate term of imprisonment. Id. at 96.
On June 26, 1995, after filing multiple appeals, Petitioner
was re-sentenced in his Kansas federal case, and was again
sentenced to a 341-month aggregate sentence. Id. at
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. 12, at 4; Doc. 12-1,
Standard of Review
obtain habeas corpus relief, an inmate must demonstrate that
“[h]e is in custody in violation of the Constitution or
laws or treaties of the United States.” 28 U.S.C.