Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hubbert v. Ebbert

June 10, 2009

WILLIE RAY HUBBERT, PETITIONER
v.
WARDEN DAVE EBBERT, RESPONDENTS



The opinion of the court was delivered by: Judge McClure

MEMORANDUM

Petitioner Willie Ray Hubbert ("Petitioner" or "Hubbert"), an inmate presently confined at the Allenwood Federal Correctional Institution ("FCI Allenwood") in White Deer, Pennsylvania, commenced this action by filing a petition for writ of habeas corpus.

Hubbert contends that the Bureau of Prisons ("BOP") erred in calculating his sentence. Specifically, he claims that, because the circumstances of his May 23, 2004 arrest on state charges resulted in his conviction of the federal offense of felon in possession of a firearm and the revocation of his state parole, the time he spent in state custody serving his parole revocation term should be credited toward the federal sentence that he currently is serving even though the time already was credited toward his state parole revocation term. The petition has been briefed and is ripe for disposition. For the reasons set forth below, the petition will be denied.

BACKGROUND

The following background is adapted from the Declaration of Forest B. Kelly, Correspondence Specialist at the Designation and Sentence Computation Center ("DSCC") in Grand Prairie, Texas, in which he certifies that Hubbert's federal sentence has been computed in accordance with 18 U.S.C. §§ 3584 and 3585 and BOP Program Statement 5880.28, Sentence Computation Manual (CCCA of 1984). (See Record document no. 5-2 at 3, Declaration of Forest B. Kelly.)

On May 23, 2004, while he was on state parole supervision in Wisconsin, Hubbert was arrested by local authorities in Milwaukee, Wisconsin, for state offenses. (Id. at 4 ¶ 5.) The circumstances of this arrest resulted in Hubbert being charged with the federal offense of felon in possession of a firearm. (Id.)

On August 4, 2004, while Hubbert was in the custody of the State of Wisconsin, he temporarily was transferred to federal custody pursuant to a writ of habeas corpus ad prosequendum. (Id. ¶ 6.) Hubbert was taken into custody by the United States Marshals Service ("USMS") and produced in federal court to answer federal charges for the offense of felon in possession of a firearm. (Id.) He then was returned to the custody of Wisconsin authorities. (Id.) On October 12, 2004, Hubbert again was taken into temporary federal custody by the USMS pursuant to a federal writ and produced in federal court. (Id.)

On November 4, 2004, the State of Wisconsin issued an order revoking Hubbert's state parole and returned him to the custody of the Wisconsin Department of Corrections to serve a one year, four month, and ninety-two day period of reincarceration. (Id. at 5 ¶ 7.) The State of Wisconsin provided Hubbert with credit from January 7, 2004 to January 23, 2004, and from May 23, 2004 to his return to the state correctional facility. (Id.)

On February 28, 2005, Hubbert was sentenced by the United States District Court for the Eastern District of Wisconsin to a ninety-two (92) month term of imprisonment for the offense of felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). (Id. ¶ 8.) The Judgment did not state that this sentence was to be served concurrently with Hubbert's state parole revocation term. (Id.; Record document no. 5-2 at 18-23, Judgment in a Criminal Case.)

On March 1, 2005, Hubbert was returned to the custody of Wisconsin authorities to continue serving his one year, four month, and ninety-two day period of re-incarceration. (Record document no. 5-2 at 5 ¶ 8.) On September 26, 2005, Hubbert satisfied his Wisconsin parole revocation term. (Id. ¶ 9.) On September 27, 2005, Hubbert was turned over to the physical custody of federal authorities to begin serving his ninety-two (92) month federal sentence. (Id.)

When computing Hubbert's parole revocation term, the State of Wisconsin provided him with credit for all of the time he spent in the primary custody of state authorities from May 23, 2004 to September 26, 2005. (Id. at 6 ¶ 10.) Accordingly, the BOP set the commencement of Hubbert's ninety-two (92) month federal sentence on September 26, 2005 with no credit for time spent in the custody of Wisconsin authorities. (Id.) Hubbert's projected release date is July 16, 2012 via good conduct time release. (Id.)

DISCUSSION

The Attorney General has delegated the authority to the Director of the BOP to compute federal sentences for offenses committed on or after November 1, 1987. See 18 U.S.C. § 3585; 28 C.F.R. § 0.96 (1992); United States v. Wilson, 503 U.S. 329, 331-32 (1992). Computation of a federal sentence is governed by 18 U.S.C. § 3585, and is comprised of two factors: (1) the date on which the federal sentence commences, and (2) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.