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Taylor v. Miner

July 10, 2008

ANTONIO TAYLOR PETITIONER,
v.
JONATHAN MINER RESPONDENT.



The opinion of the court was delivered by: James F. McClure, Jr. United States District Judge

(Judge McClure)

ORDER

BACKGROUND:

On May 30, 2006, Antonio Taylor filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Taylor is currently a federal prisoner incarcerated at the United States Penitentiary at Allenwood ("USP-Allenwood"), White Deer, Pennsylvania. Taylor had previously been convicted in the United States District Court for the Eastern District of Pennsylvania of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Petitioner has now brought this petition challenging his sentence computation and argues that he has not received credit for all time served.

We have appointed counsel for petitioner and an evidentiary hearing was held on March 28, 2008. The case is now ripe for disposition. For the following reasons, the court will grant the petition in part and order the respondent to credit petitioner with twenty-one months and six days of time served.

DISCUSSION:

I. Relevant Facts

On February 8, 1999, the Pennsylvania Board of Probation and Parole ("Parole Board") released Taylor on parole from an aggregated 19-year prison sentence. (Rec. Doc. No. 40, ¶ 1, Ex A.) At this time, the Pennsylvania Department of Corrections calculated that Taylor's prison term would expire on April 16, 2010. (Id. ¶ 2, Ex. A.) On June 1, 1999, after Taylor absconded from parole supervision, the Parole Board declared him delinquent with an effective date of May 29, 1999. (Id. ¶¶ 3-4, Ex. C.) On August 28, 1999, Taylor was arrested by the Philadelphia Police Department. (Id. ¶ 5.) On September 1, 1999, Parole Agent Joseph P. Ryan prepared a "Notice of Charges and Hearing" setting forth Taylor's new criminal charges and his technical parole violations. (Id. ¶ 6, Ex. D.) The same day, Ryan prepared a "Technical Violation Arrest Report" with a recommendation to detain and recommit as a technical violator. (Id. ¶ 9, Ex. E.) Also on the same day, Ryan prepared a "Criminal Arrest and Disposition Report" setting forth the details of the new criminal charges and recommending detention pending disposition of the new criminal charges. (Id. ¶ 10, Ex. F.)

On September 8, 1999, the Parole Board held a violation hearing and issued a decision to "recommit to a state correctional institution as a technical parole violator when available to serve 12 months backtime." (Id. ¶ 14, Ex. H.) On March 1, 2000, the state charges in Philadelphia County stemming from his August 28, 1999 arrest were dismissed. (Id. ¶ 16, Ex. I.) On March 30, 2000, the state charges were refiled in Philadelphia County. (Id. ¶ 19, Ex. I.)

On April 10, 2000, Parole Agent Ryan executed the same "Criminal Arrest and Disposition Report" that was originally prepared on September 1 and made a final recommendation to "revoke/recommit . . . TPV only." (Id. ¶ 20, Ex. J.) The report further stated that Taylor's "case was dismissed on 3/1/00. He has no open charges in Philadelphia. All hearings regarding Technical Violations have been held. Board Action dated 11/3/99 has been received. Parolee available. Please issue Final Board Action." (Id.) Evidently, Ryan was unaware that the charges had been refiled in Philadelphia County. On April 20, 2000, Parole Agent Ryan executed yet another "Criminal Arrest and Disposition Report" in which he noted that Taylor was rearrested on March 30, 2000 and made a final recommendation to "revoke/recommit." (Id. ¶ 22, Ex. L.)

On June 20, 2000, an indictment was filed in the Eastern District of Pennsylvania charging Taylor with two counts of being a felon in possession of a firearm in violation 18 U.S.C. § 922(g). (Id. ¶ 23, Ex. M at Rec. Doc. No. 1.) On July 5, 2000, Taylor was released from state custody into federal custody. (Id. ¶ 25, Ex. M at Rec. Doc. No. 3.) On July 18, 2000, the state charges were dismissed yet again. (Id. ¶ 24, Ex. I.) On October 15, 2001, Taylor was convicted after he pled guilty to the federal charges. (Id., Ex. M at Rec. Doc. No. 47.) On April 2, 2002, Taylor was sentenced in the Eastern District of Pennsylvania to a term of imprisonment of 200 months to run consecutively to the state sentence that the defendant is currently serving. (Id. ¶ 26, Ex. M at Rec. Doc. Nos. 53-54.) On April 12, 2002, Taylor was returned to state custody. (Id. ¶ 27, Ex. O.) Thus, the total time he was in federal custody was 21 months, 7 days. (Id. ¶ 28.)

On August 19, 2002, the Parole Board received a letter from Taylor that recounted the history of his case and stated that he had yet to receive a parole hearing and requested that he be paroled to federal authorities. (Id. ¶ 29, Ex. P)

On September 10, 2002, Kathy Strayer, a Parole Staff Technician, called Parole Agent Ryan at the request of the Parole Board's chief counsel to prepare a report on petitioner's rearrest and Taylor's federal conviction. (Id. ¶ 30, Ex. Q.) Ryan advised Strayer that he was not aware of the federal conviction but would prepare the requested reports. (Id. ¶ 31, Ex. R.) On December 30, 2002, Strayer sent an email to James Hines advising him that Ryan had still not provided the requested reports. (Id. ¶ 32, Ex. Q.)

On December 6, 2002, Taylor received a misconduct for possession of marijuana for which he served 90 days in disciplinary custody. (Id. ¶ 33, Ex. S.) On February 28, 2003, Hines faxed a "Criminal Arrest and Disposition Report" prepared by Ryan to Strayer that was dated February 26, 2003. (Id. ¶ 35, Ex. T, U.) This report notes the federal conviction and sentence and makes a final recommendation to "revoke/recommit." (Id. ¶ 38.) The same day, Hines also faxed Strayer a "Special Field Report" dated February 25, 2003 which reaffirmed that Ryan had been unaware that Taylor was arrested by the federal government and convicted in federal court. (Id. ¶ 39, Ex. R.) The report also states that a preliminary hearing had been scheduled for August 14, 2000 but was rescheduled for August 25, 2000 because Taylor was "unavailable." (Id.) The report further states that on August 25, 2000, Taylor was "still out on federal writ and the reason was unknown." (Id.) It also states that a phone call was placed to "parole manager McFadden at Central Office" inquiring about Taylor's ...


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