United States District Court, E.D. Kentucky, Southern Division, London
OPINION & ORDER
R. WILHOIT JR. STATES DISTRICT JUDGE
inmate Eric Dotson has filed a pro se petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241 to
challenge the Bureau of Prisons' calculation of his
sentence. [D. E. No. 1] The Court must conduct an initial
review of the petition before proceeding further. 28 U.S.C.
§ 2243; Alexander v. Northern Bureau of
Prisons, 419 Fed.Appx. 544, 545 (6th Cir.
response to Dotson's recent inmate grievances, the BOP
set forth at length the pertinent historical facts as
A review of your record revealed you were arrested on April
8, 1998, by state authorities in Warren County, Kentucky, for
Robbery in the First Degree. You escaped from custody on July
6, 2008; however, you were later arrested by state
authorities in Memphis, Tennessee, and returned to the
custody of the State of Kentucky. On September 8, 1998, you
were sentenced in Warren County Circuit Court, Case Number
98CR00562, to a 20-year term of confinement for Robbery in
the First Degree, and in Case Number 98CR00329, to a life
term of confinement for Persistent Felony Offender, Second
Degree. You were subsequently sentenced on November 13, 1998,
in Warren County Circuit, Case Number 98CR456, to a 10-year
term of confinement for Escape, Second Degree.
On March 26, 1999, you were transferred to federal custody
pursuant to a writ for prosecution. On November 19, 1999, you
were sentenced in the Western District of Oklahoma, to a
262-month federal term of imprisonment. The respective
federal judgment indicates the federal sentencing court
ordered the term to operate consecutively to any other
sentence you were serving at that time. You were returned to
the custody of the State of Kentucky on January 12, 2000.
The Supreme Court of Kentucky issued an opinion on April 13,
2000, reversing the sentence and conviction in Warren County
Circuit Court, case numbers 98CR00562 and 98CR00329. Each
case was remanded to the Warren Circuit Court for a new
trial. Although the sentence and conviction in case numbers
98CR00562 and 98CR00329 were reversed, you remained in the
custody of the State of Kentucky, for the continued service
of the 10-year state term in Case Number 98CR456.
On June 16, 2000, you were sentenced in Cobb County, Georgia,
Case Number 560462, to a 20-year term of confinement for
Armed Robbery - Felony. This sentence commenced on June 16,
2000, with jail credit applied from February 23, 1999 through
June 15, 2000, thereby establishing a February 22, 2019,
Mandatory Release Date (MRD).
You were later sentenced on August 31, 2000, in Jefferson
County, Kentucky, Case Number 98CR1719, to a 10-year term of
confinement for Robbery, Second Degree. This sentence
operated concurrently with your previously imposed state
terms of confinement. Following a retrial in Warren County
Circuit Court, case numbers 98CR00562 and 98CR00329, you were
sentenced on April 27, 2001, to a 20-year state term of
confinement. The new 20-year term was ordered to operate
consecutively to any other previously imposed sentence. As a
result, you were subject to a 30-year state term of
confinement in Kentucky.
On September 2, 2004, you were released from the Kentucky
Department of Corrections, via parole, to the custody of the
State of Georgia. After completing the service of the 20-year
term of confinement in the State of Georgia, you were
released to the exclusive custody of federal authorities on
February 22, 2019. In accordance with Program Statement
5880.28, Sentence Computation Manual (CCCA of 1984), and
Title 18 U.S.C. § 3585(a), commencement of your federal
sentence was effected when you came under the primary
jurisdiction of federal authorities on February 22, 2019.
[D.E. No. 1-2 at 27-28].
supplement to the BOP's description, Dotson committed
armed robberies in Kentucky on July 21, 1997 and January 28,
1998. He then traveled to Cobb County, Georgia and robbed a
jewelry store on February 26, 1998 before proceeding to
Oklahoma to commit another armed robbery on March 25, 1998.
Dotson was arrested in Kentucky in April 1998, where he was
convicted on several charges in fall 1998 as described above.
Dotson was then indicted on the Georgia armed robbery charges
on December 17, 1998, and that state lodged a detainer with
Kentucky on February 10, 1999. See Dotson v. United
States, No. 3: 12-CV-04-DHB-WLB, 2013 WL 1786568, at *1
(S.D. Ga. Mar. 7, 2013).
was then transferred into federal custody in Oklahoma
pursuant to a writ of habeas corpus ad prosequendum.
In 1999 a jury found Dotson guilty of Hobbs Act robbery in
violation of 18 U.S.C. § 1951, use of a firearm during
the commission of a crime of violence in violation of 18
U.S.C. § 924(c), and transportation of stolen goods in
violation of 18 U.S.C. § 2314. In November 1999 the
trial court sentenced Dotson as a career offender to 322
months imprisonment "to be served after any other
sentence that he is currently serving." The Tenth
Circuit affirmed on direct appeal. United States v.
Dotson, No. 98-CR-203-001-A (W.D. Okl. 1998),
aff'd, 242 F.3d 391 (10th Cir. 2000), cert,
denied, 531 U.S. 1180 (2001). Dotson's motion for
relief pursuant to 28 U.S.C. § 2255 was denied, a
determination affirmed by the Tenth Circuit. United
States v. Dotson, 28 Fed.Appx. 801 (10th Cir. 2001).
Meanwhile, in April 2000 after the federal prosecution had
concluded Dotson was transferred to Georgia for prosecution
on its charges. Following his conviction for armed robbery,
the Georgia court imposed a 20-year sentence, which was
silent with respect to whether it should run consecutively to
or concurrently with any previously imposed sentence.
Dotson v. State, 560 S.E.2d 349 (Ga.App. 2002).
years after Kentucky paroled Dotson in 2004, he filed six
habeas corpus petitions or civil actions seeking his transfer
into federal custody to begin service of his federal
sentence. See Dotson v. Donald, No. 1:
08-CV-1990-TCB (N.D.Ga. 2008); Dotson v. United
States, No. 3: 12-CV-04-DHB-WLB (S.D. Ga. 2012) [D. E.
No. 1 therein at 29-30]. Dotson argued that following his
parole he belonged in federal, not Georgia, custody because
(he claimed) federal authorities had filed their detainer
with Kentucky before Georgia had done so. In response to a
similar motion that Dotson filed in the federal trial court,
the government contended that Kentucky's transfer of
Dotson to Georgia was entirely proper as it was purely a
matter of comity. It further noted that the federal judgment
expressly made his federal sentence consecutive to his
pre-existing Kentucky sentence, and that his future Georgia
sentence was consecutive to his federal sentence through
operation of 18 U.S.C. § 3584(a). Brief for
Plaintiff-Appellee, United States v. Dotson, 430
Fed.Appx. 679, 681-82 (10th Cir. 2011), No. 11-6001, 2011 WL
2440768, at * 15-20. The Tenth Circuit denied relief on
procedural grounds, concluding that Dotson's motion
failed to establish grounds for mandamus relief if construed
as a motion under 28 U.S.C. § 1361 and that the trial
court lacked jurisdiction to entertain the motion if
construed as a habeas corpus petition under § 2241.
United States v. Dotson, 430 Fed.Appx. 679, 681-82
(10th Cir. 2011).
still serving his Georgia sentence, in 2012 Dotson filed a
§ 2241 petition in that state repeating his arguments
that Kentucky should have transferred him to federal custody
in 2004 rather than to Georgia, and that his federal and
Georgia sentences should run concurrently (or that he receive