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Araguz-Ramirez v. Holland

United States District Court, E.D. Kentucky, Southern Division, London

December 22, 2014

VICTOR HUMBERTO ARAGUZ-RAMIREZ, Petitioner,
v.
J. C. HOLLAND, WARDEN, Respondent.

MEMORANDUM OPINION & ORDER

GREGORY F. VAN TATENHOV, District Judge.

Victor Humberto Araguz-Ramirez is an inmate confined by the Bureau of Prisons ("BOP") in the United States Penitentiary ("USP")-Florence, located in Florence, Colorado.[1] Proceeding without counsel, Araguz-Ramirez has filed a pleading [R. 1] which has been construed as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. [R. 2.] Araguz-Ramirez challenges the manner in which the BOP has calculated the 111-month federal sentence that he is currently serving, claiming that the BOP erroneously refuses to credit his federal sentence with six months of prior custody credit for time that he spent in state detention between October 7, 2007, and April 4, 2008.

The case is ripe for disposition, as the Respondent has filed her Response [R. 11] to the § 2241 petition, submitting various documents in support thereof, including the sworn Declaration of Patrick Liotti, Management Analyst at the BOP's Designation and Sentence Computation Center located in Grand Prairie, Texas. Araguz-Ramirez has filed his Reply [R. 14] to the Warden's Response. Having reviewed Araguz-Ramirez's § 2241 petition, the BOP's Response, and Araguz-Ramirez's Reply, the Court must deny the habeas petition because Araguz-Ramirez has not set forth grounds entitling him to the credit he requests toward his current federal sentence.

I

1

The following is a chronological summary of Araguz-Ramirez's state and federal convictions, based on information contained in his § 2241 petition and attachments thereto, and information contained in the federal judiciary's PACER online database.

February 24, 2003: The federal court in Brownsville, Texas, sentenced Araguz-Ramirez to a 51-month prison term and a 3-year term of supervised release stemming from his convictions under 8 U.S.C. §§ 1326(a) and (b), being an Alien Found in the United States after Deportation, Having Been Previously Convicted of a Felony. United States v. Victor Humberto Araguz-Ramirez, No. 02-CR-675-1 (S.D. Tex. 2002) [R. 16, therein] ("the First Federal Action").

June 23, 2007: Araguz-Ramirez was arrested by the Sachse, Texas Police Department for Burglary of a Building. [R. 11-1; see also Liotti Dec. ¶ 4; Attachment B: Superseding Petition for Warrant or Summons for Offender under Supervision issued in the First Federal Action.]

June 26, 2007: Araguz-Ramirez was released on bond. [R. 11-1, Liotti Dec. ¶ 4; Attachment B.]

October 10, 2007: Araguz-Ramirez was arrested by the Mesquite, Texas Police Department for Failure to Identify Fugitive with Intent to Give False Information. [R. 11-1, Liotti Dec. ¶4; Attachment B.] [2]

October 22, 2007: Araguz-Ramirez was sentenced by the Dallas County Court at Law to 45-days incarceration for Failure to Identify Fugitive with Intent to Give False Information. [R. 11-1, ¶ 4, Attachment B.]

December 19, 2007: Araguz-Ramirez was sentenced by the 416th District Court in McKinney, Texas, to 180 days for Burglary of a Building. [ Id., ¶ 4, Attachment B.]

April 6, 2008: After being held in custody for 180 days, between October 10, 2007, and April 6, 2008, local authorities released Araguz-Ramirez on time served to a detainer filed by the United States Department of Homeland Security. [ Id., ¶5; Attachment C: United States Marshals Service Form 129.]

April 9, 2008: In federal court in Sherman, Texas, Araguz-Ramirez was charged with re-entering the country as a deported alien, in violation of 8 U.S.C. § 1326. United States v. Victor Humberto Araguz-Ramirez, No. 4:08-CR-77-MAC-DDB-1 ...


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