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Hernandez-Santana v. Stone

United States District Court, S.D. Georgia, Dublin Division

March 13, 2017

LUIS GERARDO HERNANDEZ-SANTANA, Petitioner,
v.
STACEY N. STONE, Warden, Respondent.

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

          BRIAN K. EPPS UNITED STATES MAGISTRATE JUDGE.

         Petitioner, a federal inmate currently incarcerated at McRae Correctional Facility (“MCF”) in McRae, Georgia, brings the above-captioned petition pursuant to 28 U.S.C. § 2241. Having considered all the relevant pleadings, for the reasons set forth below, the Court REPORTS and RECOMMENDS the petition be DENIED, this civil action be CLOSED, and a final judgment be ENTERED in favor of Respondent.

         I. BACKGROUND

         Petitioner was deported to Mexico on June 6, 2014, following service of a federal sentence for being found in the United States after previous deportation. (Doc. no. 8-1, p. 6, ¶ 6.) At the time of his deportation, Petitioner was on supervision by federal authorities for his federal case as well as Texas state authorities for an unrelated state case-Case No. CR-3317-08-H. (Id.)

         Petitioner subsequently reentered the country and was arrested by Hidalgo County Texas Police Officers for possession of a controlled substance. (Id. at 7; doc. no. 1, p. 10.) While housed at the Hidalgo County Jail, immigration officials interviewed Petitioner and determined he had again illegally reentered the United States. (Id.) On July 10, 2014, independently of any action taken by immigration officials, the State of Texas executed a warrant revoking Petitioner's parole for Case No. CR-3317-08-H. (Doc. no. 8-1, p. 6, ¶ 8; id., Attach. 4.) From that point forward, Petitioner began receiving credit toward his parole violation sentence with the Texas Department of Corrections. (Id.)

         On August 27, 2014, while Petitioner was still in state custody for his parole violation, federal authorities obtained custody of him pursuant to a Writ of Habeas Corpus Ad Prosequendum for adjudication and sentencing in two federal cases-7:14-CR-01221-001 and 7:08-CR-01251-001. (Id., Attachs. 2, 3, 5, 6.) The United States District Court for the Southern District of Texas found Petitioner guilty of being in the U.S. after deportation and of violating the terms of his federal supervised release on October 2, 2014, and March 31, 2015, respectively. (Id., Attachs. 2, 3.) The Court sentenced Petitioner to 65 months imprisonment. (Id.)

         After sentencing, federal officials returned Petitioner to state custody to serve out the remainder of his state parole violation sentence. (Id., Attach. 6.) His federal judgments were filed as detainers. (Id.) On May 4, 2015, the State of Texas paroled Petitioner and turned him over to federal authorities to begin serving his 65-month federal sentence. (Id., Attach. 4.)

         According to Petitioner, the BOP erred by failing to credit his detention by the state of Texas from July 3, 2014, to May 4, 2015 to the federal sentence he is currently serving. (See generally doc. nos. 1, 9.) Respondent claims in response that Petitioner's July 10, 2014, to May 4, 2015 detention period was already credited toward his Texas sentence for violating his state parole, and when it discovered Petitioner had not been awarded time by Texas authorities for July 3, 2014, through July 10, 2014, it subsequently awarded Petitioner those eight days as a prior custody credit towards his federal sentence. (See doc. nos. 8, 8-1, Attachs. 4, 7.) Therefore, Petitioner is not entitled to receive any additional credit against his federal sentence. (See generally id.)

         II. DISCUSSION

         The Attorney General of the United States, through authority delegated to the BOP, is responsible for imprisoning federal offenders and calculating their sentences. United States v. Wilson, 503 U.S. 329, 331 (1992); United States v. Lucas, 898 F.2d 1554, 1555-56 (11th Cir. 1990); 28 C.F.R. § 0.96. When calculating a federal sentence, the BOP starts with a determination of when a sentence commenced and then determines whether any credits should be applied to that sentence. See 18 U.S.C. § 3585. Under 18 U.S.C. § 3585, federal prisoners can receive credit for custody prior to their federal sentence as follows:

(b) Credit for prior custody.--A defendant shall be given credit toward the service of a term of imprisonment for any time he has spent in official detention prior to the date the sentence commences--
(1) as a result of the offense for which the sentence was imposed; or
(2) as a result of any other charge for which the defendant was arrested after the commission of the offense for which ...

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