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Rivera v. Recktenwald

United States District Court, M.D. Pennsylvania

May 9, 2014

ADOLPHO RIVERA, Petitioner
v.
MONICA RECKTENWALD, Respondents.

MEMORANDUM

WILLIAM J. NEALON, District Judge.

Petitioner, Adolpho Rivera, a federal inmate currently confined in the Allenwood Federal Correctional Institution, White Deer, Pennsylvania (FCI-Allenwood), filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2241. Rivera alleges in his petition that the Bureau of Prisons (BOP) has incorrectly computed his federal sentence. (Doc. 1, petition). The petition is ripe for disposition. For the reasons set forth below, the petition will be denied.

I. Background

On October 18, 1974, Rivera was arrested, and in 1975, he was found guilty in the United States District Court for the Southern District of New York of four counts of assaulting a federal officer with a dangerous weapon. (Doc. 9-1 at 11, Judgment and Commitment Order).

On March 7, 1975, Rivera was sentenced to a 25-year prison term, with 10 years suspended, and a one-day probation term. Id.

On August 29, 1975, the district court modified the sentence to a ten-year term of imprisonment. (Doc. 9-1 at 13, Judgement and Commitment Order). A review of Rivera's original sentence computation prepared by the BOP indicates the ten-year term of imprisonment was computed to begin on August 29, 1975, the date of the resentencing. (Doc. 9-1 at 17, Sentence Computation Record). He was then credited with time spent in custody from October 18, 1974, the date of his arrest, through August 28, 1975, the day prior to his resentencing. Id.

On October 11, 1978, the United States Parole Commission paroled Rivera to New York State correctional authorities based on a New York State detainer for criminal sale of a controlled substance. (Doc. 9-1 at 15 Request for Parole Certificate). Rivera was paroled from his sentence by the U.S. Parole Commission, and was to remain under parole supervision until October 17, 1984. Id.

In 1979, Rivera was sentenced to one year to life in prison on the state drug charge. (Doc. 9-1 at 23, Request for Parole Violator Warrant). In 1980, his sentence on the state drug charge was reduced to one to three years in prison. Id . Rivera was thereafter released from state custody sometime prior to 1982. Id.

On December 6, 1982, Rivera was arrested for attempting to enter the American Airlines terminal at John F. Kennedy International Airport ("JFK Airport") by pushing past a security officer. (Doc. 9-1 at 21, Warrant Application dated September 11, 1984). Arresting officers found cocaine and marijuana in Rivera's briefcase. Id.

On November 21, 1983, Rivera was convicted of criminal possession of a controlled substance in Queens County Supreme Court and sentenced to a term of eight years to life in prison. Id.

On September 21, 1983, before he was sentenced for the crimes he committed at JFK Airport, Rivera's car was cut off in a traffic accident. Id . See also (Doc. 9-1 at 24, Request for Parole Violator Warrant). He then impersonated a police officer, pulled out a police shield, walked over to the driver who cut him off, and shot him to death. Id . Rivera was arrested on September 30, 1983. Id . On January 10, 1984, Rivera was convicted of manslaughter in Kings County Supreme Court and sentenced to six to twelve years in prison. Id.

On September 11, 1984, prior to the expiration of his sentence, the Commission issued a parole violator warrant, charging Rivera with a violation of the conditions of his parole based on his two state court convictions in 1983 and 1984 for criminal possession of a controlled substance, and manslaughter. (Doc. 9-1 at 21-22, Warrant Application and Warrant).

On July 18, 2011, Rivera was released from his state sentence, the Commission's warrant was executed, and Rivera was returned to federal custody. (Doc. 9-1 at 29, Warrant Return).

On January 26, 2012, the Commission conducted a prole revocation hearing for Rivera. (Doc. 9-1 at 33, Notice of action). Following the hearing, the Commission ordered Rivera's parole revoked and ordered that he receive no credit for street time spent on parole. Id . The ...


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