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Manni v. English

United States District Court, D. Kansas

January 9, 2018

GHAZI MANNI, Petitioner,
v.
NICOLE 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 is incarcerated with the Federal Bureau of Prisons (“BOP”) at USP-Leavenworth in Leavenworth, Kansas (“USPL”). Petitioner filed the petition in the Eastern District of Michigan, and the case was transferred to this Court for proper jurisdiction in the district of confinement. See Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004) (“for core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement”).

         Petitioner challenges the calculation of his federal sentence. The Court issued an Order to Show Cause (Doc. 5), Respondent filed an Answer and Return (Doc. 12), Petitioner filed a Traverse (Doc. 13), 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. Facts

         Petitioner was arrested on November 3, 2007 and October 9, 2008, by the Detroit Police Department in Case Nos. 07-023554-01-FH and 09-003976-FH, and was released on bond in each case on the same day he was arrested. Because one case was subsequently dismissed and Petitioner was acquitted in the other case, he did not receive prior custody credit at that time for his time in custody.

         On May 11, 2009, Petitioner was arrested by the FBI pursuant to Case No. 09-CR-20193 in the United States Eastern District of Michigan (“Case No. 20193”) and released on bond the same day. On September 20, 2011, Petitioner was arrested by the United States Marshals Service (“USMS”) pursuant to Case No. 13-CR-20224 in the Eastern District of Michigan (“Case No. 20224”) and released on September 21, 2011.

         Petitioner made his initial appearance in Case No. 20224 on April 3, 2013, and was released on bond the same day. The docket in Case No. 20224 reflects that a guilty jury verdict was entered on July 3, 2013, and Petitioner's bond was revoked pending sentencing. At the conclusion of the bond revocation hearing, Petitioner was remanded to the custody of the USMS. Case No. 13-CR-20224-MAG-RSW (E.D. Mich.), Doc. 31, at 1. On July 9, 2014, Petitioner was sentenced to eighty-seven months imprisonment in Case No. 20224 for Felon in Possession of a Firearm and Felon in Possession of Ammunition (the “First Sentence”). Doc. 12-1, at 29- 33. Petitioner appealed his conviction and sentence to the United States Court of Appeals for the Sixth Circuit.

         On December 9, 2014, Petitioner and the government entered into a Rule 11 Plea Agreement for Petitioner's three additional criminal cases pending in the Eastern District of Michigan-Case Nos. 14-CR-20749, 09-CR-20192 and 09-CR-20193. These cases involved sports bribery and government program fraud. The Plea Agreement provides in part that:

3. Sentence
The Court will impose the sentences pursuant to 18 U.S.C. § 3553, and in doing so must consider the sentencing guideline range.
A. Imprisonment
The parties agree that notwithstanding the sentencing guidelines range, a sentence in each of these cases of no more than 70 months, with credit for time served beginning July 3, 2013, concurrent with the sentence imposed on Mr. Manni in case number 13-20224, is adequate to address the factors the Court is required to consider under section 3553. Therefore, pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C) the sentences of imprisonment in this case may not exceed this limit.
* * * *
4. Case Number 13cr20224 Following Mr. Manni's pleas of guilty in accordance with this agreement, the government and Mr. Manni will stipulate that case number 13-20224 be remanded to the district court for purposes of resentencing. Following remand the parties will stipulate that the correct sentencing guidelines range in that case is 70-80 months in custody. The parties agree that on remand the sentence in that case will not exceed 70 months in custody.
* * * *
If, on remand of case number 13-20224, Mr. Manni receives a sentence no greater than 70 months in custody, he waives his right to appeal his conviction and his sentence in that case.

See Case No. 09-CR-20192-MAG-RSW (E.D. Mich.), Doc. 223, p. 7, 8, 13-15.

         On December 12, 2014, Petitioner and the government filed a Joint Motion to Remand for Resentencing in Petitioner's appeal of Case No. 20224 pending in the Sixth Circuit Court of Appeals. The Joint Motion provides that after sentencing, Petitioner's new counsel noticed that there was a mistake in his base offense level, and if the correct level is substituted, the advisory sentencing guideline range is seventy to eighty-seven months in custody. The parties ...


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