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Aguila v. Stone

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

May 18, 2017

CRUZ MARQUEZ AGUILA, 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. 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, a citizen of Mexico, was deported to Mexico from the United States on May 5, 1995. United States v. Cruz Marquez-Aguila, 7:14-CR-33-HL-TQL, doc. no. 26, p. 7 (M.D. Ga. Sep. 11, 2014) (“CR 714-033”). Petitioner reentered the United States. On September 13, 1996, Petitioner was convicted of the aggravated felony of bringing in and harboring aliens, in the United States District Court for the Central District of Illinois. Id. On June 18, 1997, Petitioner was again deported to Mexico. Id. Petitioner reentered the United States. On March 3, 2014, Petitioner was convicted of disorderly conduct in the State Court of Colquitt County, Georgia, and was sentenced to eleven months probation. (Doc. no. 8-2, p. 12.)

         On April 25, 2014, the Municipal Court of Moultrie, Georgia charged Petitioner with failing to stop at a stop sign and driving without a valid license. (Id. at 8.) Because Petitioner did not appear for court, the Colquitt County Sheriff's Department arrested Petitioner on June 18, 2014. (Id. at 7, 10.) On June 26, 2014, the Municipal Court of Moultrie, Georgia, sentenced Petitioner to nine days time served for failing to appear. (Id. at 2, 8, 10.)

         Petitioner was held in Colquitt County from June 27, 2014, through July 29, 2014. On July 29, 2014, the State Court of Colquitt County found Petitioner had violated the conditions of his probation and sentenced him to time served from June 27 through July 29. (Id. at 12.) On August 11, 2014, the Colquitt County Jail released Petitioner into the custody of the Bureau of Immigration and Customs Enforcement (“ICE”) pending a final determination of deportability. (Doc. no. 1, p. 11; doc. no. 8-2, p. 3.)

         On September 11, 2014, the grand jury in the Middle District of Georgia charged Petitioner with one count of illegal reentry by a removed alien, in violation of 8 U.S.C. §§ 1326(a) & (b)(2). CR 714-033, doc. no. 1. On October 9, 2014, ICE transferred custody of Petitioner to the United States Marshals Service, and he was brought before a United States Magistrate Judge for initial appearance. (Doc. no. 8-2, p. 6.) On January 15, 2015, Petitioner pleaded guilty to one count of illegal reentry by a removed alien. (Id.) On March 25, 2015, Petitioner was sentenced to fifty-seven months imprisonment, three years supervised release, and a $100.00 special assessment. (Id. at 17-23.)

         The Bureau of Prisons (“BOP”) calculated Petitioner's projected release date, including 108 days of earned good conduct time (“GTC”), to be October 19, 2018. (Id. at 27.) The BOP's calculation includes jail credit from July 30, 2014, through August 11, 2014, and from September 11, 2014, through March 24, 2015. (Id. at 25.) The calculation does not include: (1) June 18, 2014, through June 26, 2014, time Petitioner served on the nine-day sentence imposed by the Moultrie Municipal Court for failure to appear; (2) June 27, 2014, through July 29, 2014, time Petitioner served for the Colquitt County probation revocation; and (3) August 11, 2014, through September 10, 2014, time Petitioner was in ICE custody until his initial appearance on the illegal reentry charge. (See id. at 2, 25.)

         Through the administrative grievance procedure, Petitioner demanded credit for all time spent in custody from June 18, 2014, through March 24, 2015. (Doc. no. 1, p. 11.) The BOP denied Petitioner's grievance, and Petitioner filed the instant petition arguing the BOP erred in denying credit for all time spent in detention from June 18, 2014, through March 25, 2015. (See id. at 6-7.) Respondent maintains Petitioner's projected release date is correct because Petitioner has received all applicable credits. (See doc. no. 8.)

         II. DISCUSSION

         The issue Petitioner raises concerning the computation of his sentence is governed by 18 U.S.C. § 3585, which provides as follows:

(a) Commencement of a sentence. - A sentence to a term of imprisonment commences on the date the defendant is received in custody awaiting transportation to, or arrives voluntarily to commence service of sentence at, the official detention facility at which the sentence is to be served.
(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 ...

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