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, 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.
is subject to both state and federal sentences.
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
November 25, 2013, he was sentenced to a term of ten years in
the Circuit Court of St. Louis County, Missouri, in No.
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.
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.
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.
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.
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.
November 29, 2017, the BOP notified petitioner of the denial
of his request for a designation nunc pro tunc.
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