United States District Court, D. Kansas
MEMORANDUM AND ORDER
W. LUNGSTRUM, UNITED STATES DISTRICT JUDGE.
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”).
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.
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.
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.
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entered on July 3, 2013, and Petitioner's bond was
revoked pending sentencing.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.
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:
The Court will impose the sentences pursuant to 18 U.S.C.
§ 3553, and in doing so must consider the sentencing
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
* * * *
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.
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 ...