United States District Court, E.D. Kentucky, Southern Division, London
RON D. HILL, Petitioner,
J. C. HOLLAND, Warden, Respondent.
MEMORANDUM OPINION AND ORDER
DAVID L. BUNNING, District Judge.
Ron D. Hill is a federal inmate, formerly confined in the United States Penitentiary-McCreary ("USP-McCreary") in Pine Knot, Kentucky. While confined at USP-McCreary, Hill filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging the amount of jail time credit the Bureau of Prisons ("BOP") has applied to his sentence. [R. 1] Hill claims that the BOP has failed to award him credit on his sentence for time served between October 6, 2011, when he was released from state custody to the U.S. Marshal, and August 6, 2012, when he arrived at the BOP's intake center. Hill seeks to apply this 10 month period of time to his federal sentence.
The Court conducts an initial review of habeas petitions. 28 U.S.C. § 2243; Alexander v. Northern Bureau of Prisons, 419 F.App'x 544, 545 (6th Cir. 2011). It must deny a petition "if it plainly appears from the [filing] and any attached exhibits that the petitioner is not entitled to relief." Rule 4 of the Rules Governing § 2254 Cases in the United States District Courts (applicable to § 2241 petitions under Rule 1(b)). The Court evaluates Hill's petition under a more lenient standard because he is not represented by an attorney. Erickson v. Pardus, 551 U.S. 89, 94 (2007); Burton v. Jones, 321 F.3d 569, 573 (6th Cir. 2003). At this stage, the Court accepts Hill's factual allegations as true, and construes his legal claims in his favor. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007).
This action implicates the following issues: (1) the interplay of federal and state sentences; (2) determining when one is in federal custody and/or state custody; (3) determining when a consecutive, federal sentence begins to run; and (4) BOP Program Statement 5880.28 ("PS 5880.28). In order to determine whether Hill is entitled to any additional jail time credit awarded against his federal sentence, a brief chronological summary of Hill's state and federal charges, convictions and sentences is necessary. That chronology follows:
July 26, 2010 - Hill was arrested by the St. Louis Metropolitan Police Department in St. Louis and charged in the 22nd Judicial Circuit in Missouri Circuit Court with Tampering First Degree with a Motor Vehicle, Resisting Arrest, Leaving the Scene of an Accident, Unlawful Use of a Weapon, Possession of a Defaced Firearm, and Petty Larceny. See State v. Ron Damron Hill, No. 1022-CR-03871. A bond hearing was held in state court, and Hill was detained in state custody. Bond was set at $125, 000.00.
August 24, 2010 - A Missouri state grand jury indicted Hill on the charges contained in the foregoing criminal complaint filed on July 26, 2010. He was arraigned and trial was scheduled for October 18, 2010, and then was rescheduled to November 15, 2010. Id.
November 4, 2010 - Prior to Hill's state court trial scheduled for November 15, 2010, he was indicted in federal court and was charged in a two-count indictment with (1) being a felon and knowingly possessing a firearm that had traveled in interstate commerce, in violation of 18 U.S.C. § 922(g)(1); and (2) being in possession of a firearm from which the manufacturer's serial number had been removed, obliterated, or altered, violations of 18 U.S.C. § 922(k). The alleged offenses occurred on July 26, 2010. United States v. Ron D. Hill, No. 4:10-CR-00565 (E.D. Mo. 2010) [R. 1 therein].
November 10, 2010 - Hill was taken into federal custody pursuant to a Writ of Habeas Corpus Ad Prosequendum for appearance in court on the federal charges. See Exhibit 1 to Response to Petition for Writ of Habeas Corpus - [Declaration of Patrick Liotti, Attachment C (USMS Prisoner Tracking System)] - R. 15-2, pp. 8-10.
March 15, 2011 - Hill entered into a plea agreement with the United States on the federal charges and pled guilty to Count 1 of the indictment, being a felon in possession of a firearm. The United States agreed to dismiss Count 2 of the indictment at sentencing. United States v. Ron D. Hill, No. 4:10-CR-00565 (E.D. Mo. 2010).
August 3, 2011 - Hill was sentenced on the federal indictment and received a 57-month sentence of imprisonment, to be followed by a two-year term of supervised release. On motion of the United States, Count 2 of the indictment was dismissed. [ Id. at R. 77 therein]. Following sentencing, Hill was returned to state authorities, and the federal court Judgment was filed as a detainer. See Exhibit 1 to Response to Petition for Writ of Habeas Corpus - [Declaration of Patrick Liotti, Attachment D] - R. 15-2, pp. 11-16.
October 5, 2011 - Hill was sentenced on the state court charges. He received a four-year sentence, and the court ordered that this state sentence run concurrently with his federal sentence. On this same date, the Missouri state court ordered that Hill be released to the custody of the U.S. Marshal to begin service of his federal sentence. See Exhibit 1 to Response to Petition for Writ of Habeas Corpus - [Declaration of Patrick Liotti, Attachment E] - R. 15-3, pp. 1-5.
January 30, 2012 - Hill was released on parole from the State of Missouri; however, Hill was not released to the federal detainer until April 6, 2012, the date Hill was taken into custody by the U.S. Marshal's Service. See Exhibit 1 to Response to Petition for Writ of Habeas Corpus - [Declaration of Patrick Liotti, Attachments G and C thereto] - R. 15-3. The docket sheet in Hill's state case also reflects that on January 30, 2012, the Missouri state court released Hill on his own recognizance. See ...