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Jackson v. United States

June 5, 2006

RONNIE LEE JACKSON, PETITIONER
v.
UNITED STATES OF AMERICA, RESPONDENTS



The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

MEMORANDUM

Presently before the court is a petition for writ of habeas corpus (Doc. 1) pursuant to 28 U.S.C. § 2241 in which Ronnie Lee Jackson, ("Jackson") alleges that the Federal Bureau of Prisons (BOP) incorrectly computed credit due on his federal sentence. For the reasons set forth below, the petition will be denied.

I. Statement of Facts

On March 13, 2002, Jackson was sentenced to a State of Pennsylvania term of incarceration of one to two years for sexual assault, false imprisonment, and criminal conspiracy. (Doc. 6-2, p. 4). During his state imprisonment, he was placed in the custody of federal authorities on two separate occasions pursuant to a writ of habeas corpus ad prosequendam to answer to unrelated federal charges for food stamp fraud in violation of 7 U.S.C. § 2024(b), money laundering conspiracy in violation of 18 U.S.C. § 1956(h), and structuring a transaction to evade reporting requirements in violation of 31 U.S.C. § 5324, in the United States District Court for the Eastern District of Pennsylvania. (Id.).

Jackson was sentenced on March 19, 2003. (Doc. 6-2, p. 21). At the hearing, the court determined a guideline range of 84 to 105 months. (Doc. 6-2, p. 15). The following exchange took place prior to the imposition of sentencing:

MR. BRENNAN: I would request . . . that [he be incarcerated] somewhere local, perhaps Fairton, so he can be close to his wife. The Court's familiar with her, she was a co-defendant in this case, and that - - he has been in for, I think, this is March - - almost a year, that he be credited for whatever time he served.

THE COURT: All right. (Doc. 6-2, p. 20).

In imposing sentence, the court stated as follows:

THE COURT: When you look at Mr. Jackson's history, it is significant. Convictions in '81, '91, '92, 2001, another one in '91, five different convictions, four arrests that he escaped conviction on, and it is a significant prior criminal history.

The request that has been made to, in essence, try to give Mr. Jackson the benefit of his original bargain. I can accept that to a point, but I feel that justice in this matter requires that a sentence be imposed within the Guidelines as they presently exist in a way that represents his history, his crime here, the magnitude of it. I think there's restitution of $1.2 million that has to be ordered in this, and Mr. Jackson knew very well exactly what he was doing all along the line. . . . So under the circumstances, it's my intention, counsel, to impose a sentence -- I'm going to impose a sentence of seven years. That's within the Guidelines and is reasonable. (Doc. 6-2, p. 21).

After imposition of the sentence, the following took place:

MR. BRENNAN: And, Your Honor, the last request was just - -and it's really perfunctory - - but he be given ...


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