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James Raymond Zwick v. Warden Ronnie Holt

December 12, 2011

JAMES RAYMOND ZWICK, PETITIONER
v.
WARDEN RONNIE HOLT, RESPONDENT



The opinion of the court was delivered by: (Judge Caldwell)

MEMORANDUM

I. Introduction

The pro se petitioner, James Raymond Zwick, a federal inmate at the Canaan United States Penitentiary (USP-Canaan), in Waymart, Pennsylvania, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging the Federal Bureau of Prisons (BOP) calculation of his sentence. Named as Respondent is Ronnie Holt, Warden at USP-Canaan.

Zwick is serving a 77-month federal prison term for bank robbery. He alleges the BOP improperly calculated his sentence by failing to run his federal sentence not just concurrent with his state sentence but "retroactively concurrent," as the sentencing court supposedly ordered. He seeks credit toward his federal sentence for the time period between November 26, 2007, the date of his arrest for bank robbery, through October 22, 2008, the date he completed his state sentence. Doc. 1, Pet. at CM/ECF p. 5.*fn1

For the reasons that follow, the court concludes that the BOP properly calculated the commencement date of Petitioner's federal sentence and has awarded him all jail credit to which he is entitled. Accordingly, Petitioner's habeas petition will be denied.

II. Background

We take this background from the brief and exhibits submitted by Respondent. We also rely on the sentencing court's memorandum addressing Zwick's 28 U.S.C. § 2255 motion to vacate or correct his sentence. United States v. Zwick, No. 10-1449, 2011 WL 666182 (W.D. Pa. Feb. 14, 2011).

On November 26, 2007, Zwick was arrested by local police for robbing a bank in Bellevue, Pennsylvania, and immediately committed to the Allegheny County Jail. On November 30, 2007, he made bail on this charge, but because he was on bond for two prior state cases at the time of his arrest, he remained incarcerated in the county jail.

Doc. 8-1, Erickson Decl. ¶¶ 4-5. The two prior state charges involved:

(1) a conviction for robbery-bodily injury at CC200705412 in the Court of Common Pleas of Allegheny County arising from events which occurred on December 27, 2006; and, (2) convictions for habitual offender, possession of a controlled substance, possession of drug paraphernalia, careless driving, driving while operating privileges suspended at CC200703956, also in the Court of Common Pleas of Allegheny County arising from events which occurred on February 19, 2007.

Zwick, 2011 WL 666182, at *1.

On December 4, 2007, a federal grand jury sitting in the Western District of Pennsylvania indicted Zwick for the November 26, 2007, bank robbery,*fn2 and an arrest warrant was issued. Erickson Decl. ¶ 6. On December 6, 2007, a writ of habeas corpus ad prosequendum was issued, and a detainer was placed by the United States Marshals Service against Zwick at the county jail. Id. ¶ 7.

On December 12, 2007, Zwick was sentenced in the Allegheny County Court of Common Pleas on his two pending state cases (CC200705412 and CC200703956). Id. ¶ 8; Zwick, 2011 WL 666182, at *2. In the first case, he was sentenced to 12- to 24-months imprisonment to be served concurrently to any other sentences he was or will serve. In the second case, he was sentenced to two years' probation. Id.

On December 28, 2007, pursuant to the ad prosequendum writ, Zwick was transported from the county jail for an initial appearance in federal court. Erickson Decl. ¶ 9. The court issued a temporary order of detention, noting that Zwick "shall remain in the custody of the federal government pending arraignment and detention proceedings on January 3, 2008." Zwick, 2011 WL 666182 at *2. Despite the federal court's order, Zwick was mistakenly transferred on January 2, 2008, to the State Correctional Institution in Greene County (SCI-Greene). He was returned to the Allegheny County Jail on January 8, 2008, and appeared in federal court for arraignment on January 16, 2008. Id.; Erickson Decl. ¶ 9. He was returned to the Allegheny County Prison at that time, but on March 7, 2008, he was transferred to the Northeast Ohio Correctional Center, a privately run correctional center. Doc. 10, Pet'r's reply brief, CM/ECF p. 7. Pennsylvania placed a detainer on him while he was at this facility. Doc. 1, ¶ 13.

After pleading guilty to the federal robbery charge, Zwick was sentenced on September 30, 2008, in the United States District Court for the Western District of Pennsylvania, to 77 months in prison to be followed by three years of supervised ...


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