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Williams v. Barkley

United States District Court, W.D. Pennsylvania

October 6, 2014

ERIC A. WILLIAMS, LD-9511, Petitioner,
v.
KIMBERLY A. BARKLEY, et al., Respondents.

REPORT AND RECOMMENDATION

ROBERT C. MITCHELL, Magistrate Judge.

I. Recommendation:

It is respectfully recommended that the petition of Eric A. Williams for a writ of habeas corpus be dismissed, and because reasonable jurists could not conclude that a basis for appeal exists, that a certificate of appealability be denied.

II. Report:

Eric A. Williams, an inmate at the State Correctional Institution at Greene has presented a petition for a writ of habeas corpus. In his petition, Williams alleges that his sentence has been improperly calculated by the Pennsylvania Department of Probation and Parole ("the Board"). In opposition to the petition, the respondents have submitted the Declaration of Rachel MacNamara, a Parole Manager for the Board whose responsibility is to monitor and track the records of individuals under its supervision.[1] Her representations are fully documented by the supporting records submitted here, and her summation is set forth to establish the chronology of events surrounding the petitioner's incarceration:

7. On March 7, 1990 the Court of Common Pleas of Delaware County sentenced Williams to serve a term of two to six years for a drug offense at CP# XXXX-XXXX... [the 1989 charge].
8. The original minimum and maximum dates for this sentence were April 8, 1992 and April 8, 1996...
9. The Board paroled Williams from this sentence on April 8, 1992.
10. On November 11, 1993, authorities arrested Williams for new drug charges that were docketed in the Court of Common Pleas of Delaware County at CP# XXXX-XXXX [the 1993 charge].
11. Williams did not post bail [for] the new [1993 criminal charges and as a result he was in custody on those charges from the time of his arrest on November 11, 1993].
12. The Board lodged a detainer against Williams on November 12, 1993.
13. On July 19, 1994, a jury found Williams guilty of Possession of a Controlled Substance with Intent to Deliver and Possession of Drug Paraphernalia [the 1993 charges].
14. On August 2, 1994, the court sentenced Williams to a total a term of 7 to 14 years for the new conviction [the 1993 charges].
16. Following [a] hearing [on December 8, 1994], the Board recommitted Williams as a convicted parole violator and recalculated his maximum sentence date [on the 1989 ...

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