United States District Court, E.D. Kentucky, Central Division, Lexington
STEVEN D. LOWE, Petitioner,
MICHELLE RANKIN, JAILER, Respondent.
MEMORANDUM OPINION AND ORDER
JOSEPH M. HOOD, Senior District Judge.
Steven D. Lowe is an inmate confined by the Bureau of Prisons ("BOP") in the Petersburg Medium Federal Correctional Institution ("FCI") located in Hopewell, Virginia. Proceeding without counsel, Lowe 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] Lowe contends that the BOP erroneously refuses to credit his federal sentence with prior custody credit for approximately ten months (304 days) of time that he spent in state detention between January 21, 2010, and November 12, 2010.
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 Lowe'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 Lowe'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 Lowe has not set forth grounds entitling him to the credit which he requests be applied to his federal sentence.
1. Lowe's State and Federal Sentences
The following is a chronological summary of Lowe's state and federal convictions, based on his § 2241 petition, the attachments thereto, and information contained in the federal judiciary's PACER online database.
March 30, 2008: Lowe was arrested and a criminal proceeding was commenced in the Kenton County Circuit Court (Covington, Kentucky). Commonwealth of Kentucky v. Steven D. Lowe, Case No. 08-CR-440 ("the First State Case").
June 5, 2008: Lowe was indicted in the First State Case and charged with being a Felon in Possession of a Firearm and with being a Persistent Felony Offender ("PFO").
September 9, 2008: Lowe entered a guilty plea in the First State Case.
December 1, 2008: Lowe was convicted of being a Felon in Possession of a Firearm in the First State Case, and was sentenced to serve a 5-year prison term.
June 17, 2009: Lowe was charged in the Hickman County Circuit Court (located Clinton, Kentucky) with promoting contraband in violation of KRS 520.050, and with being a PFO in violation of KRS 532.080. Commonwealth of Kentucky v. Steven D. Lowe, Case No. 09-CR-23 ("the Second State Case").
August 7, 2009: Lowe was indicted in the Second State Case on both the contraband and PFO charges.
September 3, 2009: Lowe pleaded guilty in the Second State Case to the contraband and PFO charges.
September 17, 2009: Lowe was convicted in the Second State Case of Promoting Contraband in the First Degree, and was sentenced to serve an 18-month prison term, which was ordered to run consecutively to the 5-year sentence previously imposed in the First State Case. Section 4 (C) of the Judgment and Sentence on Guilty Plea entered in the Second State Case provided that Lowe was to be delivered to the custody of the Kentucky Department of Corrections ("KDOC") "... at such location within this Commonwealth as Corrections shall designate."
November 19, 2009: Lowe was indicted in the United States District Court for the Eastern District of Kentucky, Covington Division. United States v. Steven D. Lowe, No. 2:09-CR-88-DLB-JGW (E. D. Ky. 2009) [R. 3, therein] ("the Federal Case"). The Indictment charged that on or about June 24, 2008, Lowe and others had conspired to knowingly and intentionally distribute, and to possess with the intent to distribute, fifty grams or more of a mixture or substance containing cocaine base ("crack cocaine"), a Schedule II controlled substance, in ...