United States District Court, D. Kansas
BRIAN A. CAMPBELL, Petitioner,
JOEL HRABE, Respondent.
MEMORANDUM AND ORDER
CROW, U.S. SENIOR DISTRICT JUDGE.
matter is a petition for habeas corpus filed under 28 U.S.C.
§ 2241. Petitioner, a prisoner in the custody of the
Secretary of the Kansas Department of Corrections, proceeds
was arrested in April 2017 in Sedgwick County, Kansas. At
that time, he was subject to four other warrants, two from
Sedgwick County, Kansas; one from Butler County Kansas; and a
fugitive from justice warrant from Mississippi. Campbell
v. Easter, 421 P.3d 260 (Table), 2018 WL 3198540
(Kan.Ct.App. June 29, 2018).
criminal history prior to that arrest is complex. In July
2001, he entered a guilty plea in the District of Kansas to
bank fraud and was sentenced to a term of 41 months in the
custody of the federal Bureau of Prisons. In September 2002,
he entered a guilty plea in the Circuit Court of Lowndes
County, Mississippi, to one count of felony false pretense.
He was sentenced to one year in the custody of the
Mississippi Department of Corrections and two years of
post-release supervision. This sentence was to be served
consecutively to any other sentence.
completed his Kansas federal sentence on October 20, 2003. He
then was taken into custody by the U.S. Marshals Service, and
on September 1, 2004, he entered a guilty plea in the U.S.
District Court for the Northern District of Alabama to one
count of felon in possession of a firearm. He was sentenced
to a term of 96 months on that conviction, which was to run
consecutive to the Kansas federal sentence. Campbell v.
Kelly, 2010 WL 419 368 (N.D. Miss. Feb. 1,
2010)(dismissing petitioner's action under 28 U.S.C.
§ 2254 as untimely). See also Campbell v.
State, 963 So.2d 573 (Miss. Ct. App. 2007)(affirming
summary denial of state post-conviction motion; not only was
motion time-barred, but Mississippi sentence was to run
consecutive to “any other sentences” and there
was no violation of a plea agreement when Mississippi
authorities did not take him into custody upon the expiration
of his Kansas federal sentence).
action, petitioner asks the Court to find that the
Mississippi state sentence has expired, order Mississippi
authorities to explain the failure to take custody of him
earlier and to clear the warrant, and order Kansas
authorities to remove the hold from his record and transfer
him to minimum custody.
filed a petition for habeas corpus under K.S.A. 60-1501 in
the District Court of Sedgwick County, Kansas. The district
court summarily dismissed the action as premature because
petitioner was then held on local pending charges arising in
Sedgwick County and Butler County.
Kansas Court of Appeals (KCOA) affirmed that dismissal,
finding that petitioner's detention was lawful. The KCOA
held that the Mississippi fugitive from justice warrant is a
secondary hold and is of no effect until the petitioner has
been “tried and discharged or convicted and
punished” on the local criminal charges. Campbell
v. Easter, 2018 WL 3198540, *1 (citing K.S.A. 22-2719).
prisoner proceeding under 28 U.S.C. § 2241 must allege
facts showing that the execution of his state sentence
violates federal law. See 28 U.S.C. §
2241(c)(3)(providing a remedy where petitioner “is in
custody in violation of the Constitution or laws or treaties
of the United States”).
stated, petitioner is incarcerated under a Kansas sentence
and seeks relief from a warrant based upon a sentence imposed
in Mississippi in 2002.
“[t]he priority of jurisdictions may not be questioned
by the prisoner.” Williams v. Taylor, 327 F.2d
322, 324 (10th Cir.), cert. denied, 377
U.S. 1002 (1964). Where, as here, a prisoner is subject to
criminal sentences in multiple jurisdictions, authorities in
those jurisdictions may determine the order and manner of how
those sentences are discharged. See Hall v. Looney,
256 F.2d 59, 60 (10th Cir. 1958)(where a prisoner
is lawfully in the custody of one sovereign on a criminal
charge, he remains exclusively in the jurisdiction of that
sovereign until its jurisdiction is exhausted, but the
sovereign having prior jurisdiction may waive that right and
allow another sovereign to execute its sentence against the
prisoner) and Rawls v. United States, 166 F.2d 532,
534 (10th Cir.)(defendant lacked standing to
“complain of or choose the manner in which each