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Moore v. Butler

United States District Court, E.D. Kentucky

January 8, 2015

FREDDIE B. MOORE, Petitioner,
v.
WARDEN SANDRA BUTLER, [1] Respondent.

SOUTHERN DIVISION AT LONDON PETITIONER MEMORANDUM OPINION AND ORDER RESPONDENT

DAVID L. BUNNING, District Judge.

Freddie B. Moore is an inmate confined by the Bureau of Prisons ("BOP") in the FCI-Manchester. Proceeding without counsel, Moore has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging the manner in which the BOP has calculated his federal sentence. [R. 1] Moore contends that the BOP erroneously refuses to credit his federal sentence with over two years of prior custody credit for time that he spent in state detention between February 10, 2010, and February 28, 2012.

In conducting an initial review of habeas corpus petitions under 28 U.S.C. § 2243, the Court must deny the petition "if it plainly appears from the petition 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 pursuant to Rule 1(b)). The Court evaluates Moore'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), overruled on other grounds, Jones v. Bock, 549 U.S. 199 (2007). Thus, at this stage of the proceedings, the Court accepts Moore's factual allegations as true, and liberally construes his legal claims in his favor. Having reviewed the § 2241 petition, however, the Court must deny it because Moore has not set forth grounds entitling him to the credit he requests be applied to his federal sentence.

BACKGROUND

1. Moore's State and Federal Sentences

The following is a chronological summary of Moore'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 10, 2010: Moore was arrested by the Monroe Police Department in Louisiana and charged with Domestic Abuse, Case No. 09M4329-M, and Distribution, Manufacture and Possession of CDS, Illegal Weapons, Distribution, Manufacture and Possession of Schedule 1 Drugs and Possession of a Firearm by a Felon, Case No. 10F0400-5. He was remanded to the Ouachita Parish Correctional Center.

September 24, 2010: Moore was indicted in a Louisiana federal court and charged with four counts of Possession with Intent to Distribute Marijuana, Felon in Possession of a Weapon and Possession of a Weapon during a Drug Trafficking Crime. United States v. Freddie B. Moore, No. 3:10-CR-295-RGJ-KLH-1 (E.D. La. 2010) ("the Federal Action"). [R. 1, therein] The Indictment in the Federal Action alleged that the offenses occurred between February 5, 2010 and February 10, 2010. [ Id. ]

October 19, 2010: Moore appeared at his arraignment in the Federal Action and pleaded "Not Guilty." See Docket Sheet from the Federal Action [R. 11, therein].

April 21, 2011: Moore pled guilty to being a Felon in Possession of a Firearm and Possession of a Firearm during a Drug Trafficking Crime. Id. [R. 21-23, therein].

August 15, 2011: Moore was sentenced in the Federal Action to a 117-month prison term. [R. 30, therein] The Criminal Judgment was silent regarding concurrency, but the district court recommended that Moore "be given credit for all the time in custody since your arrest on February 10, 2010, since his detention on the state charges involves the same incident that gave rise to these charges." [ Id., p. 2, therein].

August 26, 2011: Moore was returned to Ouachita Parish Correctional Center in satisfaction of the writ of habeas corpus ad prosequendum, and federal officials filed a detainer with the Louisiana state authorities as to his federal sentence.

October 28, 2011: Moore was sentenced in Case No. 09-M4329 for Domestic Abuse Battery, receiving 180 days custody with credit for time served, to run concurrently to any other sentence. At sentencing, Moore had already served more than 180 days; therefore, the BOP's staff contacted Louisiana Court officials who confirmed that Moore's sentence "would have ended" on August 8, 2010, and the time considered had been calculated from Moore's arrest on February 10, 2010. Moore remained confined in Ouachita Parish based on his charges in the Narcotics and Weapons offenses in Case No. 10F0400-5.

February 28, 2012: Moore's state charges were dismissed, and he was released to the custody of the United States Marshal ...


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