United States District Court, D. South Carolina
Cody Quincy Jones, Petitioner, Pro se, Danbury, CT.
For A Mansukhani, Warden, Respondent: Barbara Murcier Bowens, LEAD ATTORNEY, U.S. Attorneys Office, Columbia, SC.
REPORT AND RECOMMENDATION
Kaymani D. West, United States Magistrate Judge.
Petitioner Cody Quincy Jones (" Petitioner"), a state prisoner, filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondent filed a Motion to Dismiss or alternatively a Motion for Summary Judgment on June 6, 2014. ECF No. 18. Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the court advised Petitioner of the summary judgment and dismissal procedures and the possible consequences if he failed to respond adequately to Respondent's Motion. ECF No. 19. Petitioner filed a Response in Opposition to Respondent's Motion on August 25, 2014. ECF No. 25. This matter is before the court pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(c) DSC, for a Report and Recommendation. Having carefully considered the parties' submissions and the record in this case, the undersigned recommends that Respondent's Motion, ECF No. 18, be granted.
I. Factual and Procedural Background
Petitioner is currently confined at the Federal Correctional Institution (FCI) in Estill, South Carolina where he is serving a 65-month term of imprisonment. Petitioner filed the instant action challenging the execution of his federal sentence and requests he be credited with " 'official detention' time prior to sentencing from November 19, 2009 to August 11, 2011." ECF No. 1 at 4, 8-9.
Defendants provided the court with the affidavit of Bryan Erickson, a management analyst with the Designations and Sentence Computation Center of the Bureau of Prisons (" BOP"). Erickson Aff. ¶ 1, ECF No. 18-1. Mr. Erickson reviewed Petitioner's federal term of imprisonment and detailed Petitioner's arrest history in his affidavit. Id. at ¶ ¶ 2-10. On December 23, 2007, Petitioner was arrested by the San Antonio Police Department, San Antonio, Texas, for Credit/Debit Card Abuse and Interfere with Duties of Public Servant and released on bond the same date. Id. at ¶ 4. The state of Texas subsequently dismissed Petitioner's 2007 charge on May 27, 2009. See Attach. A to ECF No. 18-1. Ultimately, the 2007 charge became the offense conduct of a federal indictment. ECF No. 18-1 at ¶ 4.
On April 22, 2008, Petitioner was arrested by the Universal City Police Department, Universal City, Texas, for Possession with Intent to Deliver a Controlled Substance (" PWID"), (case number 2008CR6353), Evading Detention, (case number 250144) and Possession of Marijuana, (case number 250145). ECF No. 18-1 at ¶ 5; Attachs. B-D to ECF No. 18-1. On May 27, 2009, the Evading Detention and Possession of Marijuana charges were dismissed. Id. at ¶ 5.
On May 11, 2008, Petitioner was again arrested by the Universal City Police Department, Universal City, Texas, for Criminal Trespass on Private Property (case number 251968) and was detained, however, he remained in custody in connection with the arrest on April 22, 2008, for the PWID charge in case number 2008CR6353. Id. at ¶ 6; Attach. E to ECF No. 18-1. On May 27, 2009, case number 251968 was dismissed. Id. A Texas County court sentenced Petitioner to 6-years imprisonment for the 2008 PWID charge on May 22, 2009. Id. at ¶ 7; Attach. F to ECF No. 18-1. Additionally, Petitioner was sentenced to an 18-month term of imprisonment for a September 24, 2006 arrest for Possession of a Controlled Substance in case number 2007CR5522, to run concurrent with the PWID charge. See id .; Attach. H to ECF No. 18-1. On June 26, 2009, Petitioner was received at the Texas Department of Corrections (" TDOC") following sentencing on May 22, 2009, for cases 2008CR6353 and 2007CR5522. Id. at ¶ 8; Attach. G to ECF No. 18-1. TDOC staff verified Petitioner's six-year sentence and verified that Petitioner would receive prior custody credit from May 16, 2008, by beginning his sentence on May 16, 2008. Id.
On October 21, 2009, Petitioner was indicted on two counts in the United States District Court for the Western District of Texas, in case number SA-09-CR-816(01)OG, for Access Device Fraud and Aggravated Identity Theft. Id. at ¶ 9; Attach. H to ECF No. 18-1. On November 19, 2009, while in state custody, Petitioner was transferred into federal custody pursuant to a Federal Writ of Habeas Corpus Ad Prosequendum, case number SA-09-CR-816(01)OG. Id. at ¶ 10; Attach. I to ECF No. 18-1. On May 17, 2010, the United States District Court for the Western District of Texas, in case number SA-09-CR-816(01)OG, dismissed the indictment. Id. at ¶ 11; Attach. J to ECF No. 18-1. However, Petitioner remained in federal custody pursuant to a new Federal Writ of Habeas Corpus Ad Prosequendum issued on June 18, 2010, due to a pending indictment in case number SA-10-CR-345(2)FB. Id.; Attach. K to ECF No. 18-1.
On July 7, 2010, Petitioner was indicted on thirteen counts in the United States District Court for the Western District of Texas, in case number SA-10-CR-345(2)FB, for Conspiracy, Effects Transactions, Possession of Counterfeit Access Devices, Aggravated Identity Theft, Possession of Device Making Equipment, Money Laundering Conspiracy, and Money Laundering. Id. at ¶ 12; Attach. L to ECF No. 18-1. After pleading guilty, on June 24, 2011, Petitioner was sentenced in the United States District Court for the Western District of Texas in case number SA-10-CR-345(2)FB, to a 65-month term of imprisonment for Conspiracy to Commit Identity Theft Fraud and Aggravated Identity Theft, Access Device Fraud and Aggravated Identity Theft. Id. at ¶ 13; Attach. M to ECF No. 18-1. In the Judgment, Chief United States District Judge Fred Biery specifically ordered that " [t]he sentence imposed in this federal case shall be served consecutively to the sentence imposed in the state court case." Id. at 66.
On August 11, 2011, the federal writ having been satisfied, Petitioner was returned to the TDOC to continue his state term of imprisonment. Id. at ¶ 14. The United States Marshals Service placed the federal Judgment and Commitment Order as a detainer with the TDOC. Id. On October 5, 2011, Mr. Jones completed his Texas state sentence and was released to the exclusive custody of the United States Marshals Service to begin serving his federal sentence. Id. at ¶ 15; Attach. N to ECF No. 18-1. Upon his arrival into BOP custody, the BOP prepared Petitioner's sentence computation for his federal term of imprisonment. Id. at ¶ 16; Attach. O to ECF No. 18-1. Petitioner's 65-month term of federal imprisonment was computed as commencing on October 5, 2011, the date he completed his Texas state sentence and was released to the custody of United States Marshals Service. Id. A total of 8 days of prior custody credits were awarded to this sentence, for time spent in official detention. Id. Prior ...