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Mata v. Stone

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

January 31, 2018

MARCELINO SANCHEZ MATA, Petitioner,
v.
STACEY N. STONE, Warden, Respondent.

          MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

          BRIAN K. EPPS UNITED STATES MAGISTRATE JUDGE

         Petitioner, an inmate at McRae Correctional Facility, 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

         On December 10, 2013, the California Highway Patrol arrested Petitioner under the name of Dolores Chavezsosa on drug-related charges and booked him into the Santa Clara County Jail. (Doc. no. 18, Ex. 1, hereinafter Kitka Decl. ¶ 6, Attachs. 2, 3.) On April 28, 2014, Judge Edward F. Lee of the Santa Clara Superior Court sentenced Petitioner to two years of imprisonment for his drug charges, and Petitioner remained in custody in Santa Clara County until December 20, 2014. (Id. ¶ 7, Attachs. 2, 3.) The State of Georgia requested Petitioner's extradition for a probation violation upon completion of his sentence in California. (Id., Attachs. 4, 5.)

         Petitioner arrived in Gwinnett County, Georgia, on December 24, 2014, and on February 24, 2015, had his probation revoked because he had failed to report to his probation officer since his release from prison in Georgia on March 30, 2008. (Id. ¶¶ 9-10, Attachs. 5, 6.) Judge Randy Rich of the Gwinnett County Superior Court sentenced Petitioner to a six-month term of imprisonment for the probation violation. (Id. ¶ 10, Attachs. 5, 6.) While he was incarcerated for the probation violation, immigration officials became aware of Petitioner's presence in the United States, and when Petitioner, a Mexican citizen, finished the Gwinnett County sentence on May 22, 2015, he was released to the Bureau of Immigration and Customs Enforcement (“ICE”). (Id. ¶¶ 11- 12, Attachs. 5, 7.)

         On August 5, 2015, the grand jury in the Northern District of Georgia indicted Petitioner for Illegal Reeentry of a Previously Deported Alien under 8 U.S.C. § 1326(a) and (b)(2). (Id. ¶ 14, Attach. 8, United States v. Sanchez-Mata, 1:15-CR-291 (N.D.Ga. Aug. 5, 2015).) On August 7, 2015, Petitioner was arrested at the ICE/ERO Field office in Atlanta and transferred to the custody of the United States Marshal at the United States District Court in Atlanta to answer the charges in 1:15-CR-291. (Id. ¶ 15, Attachs. 8, 9.) Petitioner pleaded guilty to the illegal reentry charge, and United States District Judge Steve C. Jones sentenced Petitioner on January 27, 2016, to a term of fifty-four months of imprisonment. (Id. ¶ 16, Attach. 10.) The judgment made no mention of any other sentence and did not make any mention of how the Bureau of Prisons (“BOP”) should calculate Petitioner's sentence. (Id.)

         The BOP began the calculation of Petitioner's sentence from the date Judge Jones sentenced him, January 27, 2016. (Id. ¶¶ 16-17, Attach. 1.) The BOP awarded jail credit from August 5, 2015, through January 26, 2016, the date of Petitioner's indictment in the Northern District of Georgia until the day before sentencing by Judge Jones. (Id. ¶ 17, Attach. 1.) The calculation does not include credit for: (1) December 24, 2014 through May 22, 2015, time Petitioner served in state custody for the Gwinnett County probation revocation in Georgia; and (2) May 23, 2015, through August 4, 2015, time Petitioner was in ICE custody until issuance of the federal indictment charging Petitioner with illegal reentry. (Id. ¶ 18.) Petitioner's projected release date is July 6, 2019. (Id. ¶ 5, Attach. 1.)

         Through the administrative grievance procedure, Petitioner demanded credit for all time spent in custody from December 24, 2014, through August 5, 2015, to include the time in state custody on the probation revocation and the time in ICE custody until his indictment for illegal reentry in the Northern District of Georgia. (Doc. no. 1-2, Exs. 1 & 2.) The BOP denied Petitioner's grievance, and Petitioner filed the instant petition again requesting credit for the same disputed time period.[1],[2] (See generally doc. nos. 1, 19.) Respondent maintains Petitioner's projected release date is correct because Petitioner has received all applicable credits. (See generally doc. no. 18.)

         II. DISCUSSION

         The issue Petitioner raises concerning the computation of his sentence is governed by 18 U.S.C. § 3585 and Program Statement (“PS”) 5880.28 of the Sentence Computation Manual (CCCA of 1984). The relevant portion of 18 U.S.C. § 3585 provides 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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