United States District Court, M.D. Pennsylvania
December 8, 2005.
RAFAEL FIUMARA, Petitioner,
CAMERON LINDSAY, Respondent.
The opinion of the court was delivered by: EDWIN KOSIK, Senior District Judge
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Rafael Fiumara, an inmate currently incarcerated at the Canaan
Federal Prison Camp, Waymart, Pennsylvania, filed this habeas
corpus petition on August 8, 2005, pursuant to 28 U.S.C. § 2241.
He has paid the required filing fee. In the petition, Fiumara
alleges that the Federal Bureau of Prisons ("BOP") has failed to
calculate his sentence properly. He claims that the sentencing
court subtracted from his federal sentence 68 months as credit
for time he served in pre-trial detention in Italy. He contends,
however, that the BOP incorrectly calculated his Good Conduct
Time ("GCT") credit toward his sentence based only upon 167
months of imprisonment in the United States, when the GCT should
have been calculated on the basis of the entire sentence of 235
months, which includes the time he spent in pre-trial detention
in Italy. Petitioner requests that the BOP recalculate his
sentence and award him GCT credit based upon the length of his
entire sentence including the foreign jail time.
On October 5, 2005, the Court directed service of the petition.
Following an enlargement of time, a response to the petition was submitted on
December 2, 2005. Respondent informs the Court that as a result
of the petition and the sentencing computation issues presented,
the BOP conducted a review and determined that the pre-trial
detention time spent in Italy should be credited to Petitioner's
current sentence computation. The time in issue had never been
awarded against another sentence and is directly related to
Petitioner's instant offense. As a result, Respondent informs the
Court that Petitioner's sentence computation has been
recalculated so as to award jail credit time inclusive of the
approximate 68 months spent in detention in Italy, and he has
been credited with the GCT credit against this time. (Doc. 12,
Att. 1 at 1.) Under the new calculation, Petitioner will now
receive 2,715 days prior credit (as compared to the 637 days
previously calculated) and has earned or is projected to earn a
total of 921 days GCT credit (as opposed to the 655 days
previously projected). Petitioner has a new projected release
date of October 20, 2007, and a full term expiration date of
April 28, 2010. Based upon the foregoing, it is clear that
Petitioner has received the relief requested in his petition and
the petition is now moot.
ACCORDINGLY, THIS 8th DAY OF DECEMBER, 2005, IT IS HEREBY
1. The petition for writ of habeas corpus is dismissed as
2. The Clerk of Court is directed to close this case.
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