Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Finerson v. Bureau of Prisons

United States District Court, D. Kansas

April 10, 2018

ANTHONY FINERSON, Petitioner,
v.
BUREAU OF PRISONS, Respondent.

          MEMORANDUM AND ORDER

          JOHN W. LUNGSTRUM U.S. District Judge.

         This matter is a petition for habeas corpus filed under 28 U.S.C. § 2241. Petitioner, a prisoner in state custody in Missouri, challenges the execution of his federal sentence by the Federal Bureau of Prisons (“BOP”) and seeks a nunc pro tunc designation to the Missouri Department of Corrections (“MDOC”) for service of his federal sentence. He also contends that his federal sentence began on May 16, 2014, when his federal sentence was imposed, and he seeks credit from that time.

         Background

         Petitioner is subject to both state and federal sentences.

         On November 23, 2013, he was charged in the United States District Court for the Eastern District of Missouri with three counts of conspiracy to defraud the United States Department of Agriculture Supplemental Nutrition Assistance Program.

         On November 25, 2013, he was sentenced to a term of ten years in the Circuit Court of St. Louis County, Missouri, in No. 10SL-CR05014-0.

         On December 13, 2013, the United States District Court for the Eastern District of Missouri issued a writ of habeas corpus ad prosequendum for petitioner's initial appearance and other proceedings. Upon the completion of the proceedings, petitioner was to be returned to the MDOC.

         On December 15, 2013, petitioner was taken into the custody of the United States Marshals Service (“USMS”). He remained in federal custody under writ until February 2014.

         On February 12, 2014, petitioner entered a guilty plea to two counts of the federal indictment in the United States District Court for the Eastern District of Missouri. He was returned to the custody of the MDOC later that day.

         On May 13, 2014, petitioner was returned to the custody of the USMS for his federal sentencing proceeding. On May 16, 2014, he was sentenced to concurrent terms of 24 months on each count; the judgment directed that the “sentence shall run consecutive” to his sentences in two Missouri cases.

         On May 21, 2014, petitioner was returned to the custody of the MDOC. On June 17, 2014, he was sentenced to a term of four years in a second Missouri case, No. 13SL-CR01847-01.

         On November 29, 2017, the BOP notified petitioner of the denial of his request for a designation nunc pro tunc.

         Discussion

         Habeas corpus relief is available when a prisoner is held “in custody in violation of the Constitution or laws or treaties of the United States”. 28 U.S.C. § 2241(c)(3). “The principal purpose of a § 2241 application is to challenge the execution, rather than the validity, of a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.