United States District Court, W.D. Kentucky, Paducah
MEMORANDUM OPINION AND ORDER
B. RUSSELL, SENIOR JUDGE
matter is before the Court on Defendant Donte Dixon's
Motion to Run Sentences Concurrent. [R. 56.] The Government
responded. [R.62.] Also, before the Court is Dixon's
Motion to Appoint Counsel. [R. 61.] These matters are ripe
for adjudication. For the reasons stated herein, Dixon's
Motion to Run Sentences Concurrent, [R. 56], is
DENIED and Dixon's Motion to Appoint
Counsel, [R. 61], is DENIED.
August 15, 2008, Dixon was sentenced to 151 months of
imprisonment by this Court. [R. 25 at 3 (Judgment).] As noted
in the Government's Response, at the end of the
sentencing procedure, the following colloquy took place:
DEFENSE COUNSEL: Judge, there is one issue, and I think the
U.S. Attorney has no objection. [Dixon] currently has a state
sentence which is in the process of revocation. It had not
been revoked officially as of yesterday. I understand if it
had been officially revoked, there could be some wording that
it would run concurrent with this time, consistent with the
recommendation. I just don't know what the court can do
as far as putting anything in there.
THE COURT: I don't think there's anything for me to
run it concurrent with.
DEFENSE COUNSEL: He has signed the papers and things already.
It just hasn't-I don't know what the holdup is but .
THE COURT: I just don't-I have no-there's no state
revocation at this time, I understand, for me to run it
concurrent with. Does the United-if it were there, would the
government have any objection to it?
THE UNITED STATES: No, Your Honor, we wouldn't. But the
court is correct, the sentence would have to be in place as
of today in order for the judge to run it concurrent. So it
would be up to the state parole or whoever revokes it.
THE COURT: Maybe they'll run theirs concurrent with-
DEFENSE COUNSEL: I understand they are, Your Honor.
THE COURT: Okay. It'll all come out the same either way.
Under the terms of his plea agreement, he waived his right to
appeal and collaterally attack this sentence?
DEFENSE COUNSEL: Yes, Judge.
[R. 58 at 7-8 (Transcript of Sentencing Hearing)). On October
31, 2016, Dixon was released from federal prison. [R. 56; R.
62 at 3.] According to the Government, the state never
ordered Dixon's revocation time to run concurrently with
his federal sentence, and, in 2018, Dixon was returned to
state custody to finish serving his state sentences-totaling
thirteen years imprisonment. [R. 62 at 3.]
March of 2012, Dixon filed a Motion to Execute Warrant and
Run State Time Concurrent with Federal Sentence. [R. 28.] In
that motion, Dixon requested that the Court run his federal
sentence concurrent with his state sentences. [Id.
at 2.] The Court denied this motion, finding it was without
jurisdiction. [R. 42.] Now, six years ...