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Beckwith v. Oddo

United States District Court, M.D. Pennsylvania

April 7, 2017

TIMOTHY L BECKWITH, Petitioner
v.
L.J. ODDO, Respondent

          MEMORANDUM

          Robert D. Mariani, United States District Judge

         Presently before the Court is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Timothy Beckwith, an inmate formerly confined at the Allenwood United States Penitentiary, White Deer, Pennsylvania ("USP-Allenwood"). (Doc. 1). Named as the sole Respondent is Warden LJ. Oddo of USP-Allenwood. Beckwith claims that his due process rights were violated in every disciplinary incident report he has received since he entered Bureau of Prisons ("BOP") custody in 2006. (Id.). Beckwith also claims that the BOP failed to credit his federal sentence for time spent in pre-trial detention. (Id.). For relief, Beckwith seeks expungement of all disciplinary proceedings and a sentence credit for the period of June 2, 2004, through March 12, 2006. (Id. at p. 8). The petition is ripe for disposition and, for the reasons that follow, will be dismissed.

         I. Background

         A. Exhaustion of Administrative Review

         Beckwith filed seventeen administrative remedies during his incarceration with the BOP. (Doc. 15, pp. 1-4, Declaration of M. Boudreaux, BOP Correctional Program Specialist ("Boudreaux Decl."), ¶¶ 18-19; Doc. 15, pp. 58-67, Administrative Remedy Generalized Retrieval). Beckwith only filed four administrative remedies challenging DHO decisions. (Doc. 15, pp. 59, 64, 66, Administrative Remedy Generalized Retrieval). Of the four DHO challenges, only one of them was filed at the Central Office level, designated as Administrative Remedy 852590-A1. (Doc. 15, p. 66, Administrative Remedy Generalized Retrieval). On May 2, 2016, the Central Office rejected Administrative Remedy 852590-A1 because Beckwith failed to submit the proper number of continuation pages. (Id.). The Central Office instructed Beckwith to resubmit Administrative Remedy 852590- A1 in proper form within fifteen days. (id.). Beckwith failed to do so.

         None of Beckwith's administrative remedies relate to his sentence computation. (Boudreaux Decl. ¶¶ 18-19; Doc. 15, pp. 58-67, Administrative Remedy Generalized Retrieval).

         B. Sentence Computation

         On June 1, 2004, Beckwith was arrested by non-federal authorities in St. Louis, Missouri and was held on charges of Sodomy 1st Under 14 years, Abuse of a Child, Sexual Performance-Child, and Promoting Sex Performance on a Child. (Boudreaux Decl. ¶ 1). These charges were later filed in St. Louis County Circuit Court at docket number 04-cr-2261. (Boudreaux Decl. ¶ 1; Doc. 15, pp. 15-22, Sentence and Judgment, Circuit Court of St. Louis County, Missouri, Docket No. 04-cr-2261). Pursuant to this arrest, Beckwith was in the primary custody of Missouri state officials. (Boudreaux Decl. ¶ 1).

         On September 2, 2004, federal officials indicted Beckwith in the United States District Court for the Eastern District of Missouri for Production of Child Pornography. (Boudreaux Decl. ¶ 3).

         On December 15, 2005, Beckwith was borrowed by the United States Marshals Service ("USMS") via federal writ of habeas corpus ad prosequendum for processing of federal criminal charges in the United States District Court for Eastern District of Missouri. Beckwith was returned to state officials that same day. (Boudreaux Decl. ¶ 4; Doc. 15, pp. 12-13, USMS Individual Custody and Detention Report). On March 13, 2006, Beckwith pled guilty to the charges in St. Louis County Circuit Court charges case number 04-cr-2261. (Boudreaux Decl. ¶ 5; Doc. 15, pp. 15-22, Sentence and Judgment, Circuit Court of St. Louis County, Missouri, Docket No. 04-cr-2261).

         On March 24, 2006, Beckwith's probation was revoked in another case in St. Louis County, docket number 03-cr-4289, and he was sentenced to a five year term of imprisonment to run concurrent with his federal sentence, and St. Louis County case number 04-cr-2261. (Boudreaux Decl. ¶ 6; Doc. 15, p. 26, Department of Corrections, Adult Institutions, Face Sheet).

         On May 25, 2006, Beckwith was again temporarily transferred to federal custody pursuant to a federal writ and was sentenced to 180 months' imprisonment for the instant federal offense. (Boudreaux Decl. ¶7; Doc. 15, pp. 12-13, USMS Individual Custody and Detention Report; Doc. 15, pp. 31-38, Judgment in a Criminal Case). The federal court ordered the federal sentence to be served concurrently to the previously imposed state sentence in Docket Number 03-cr-4289 and recommended that Beckwith serve his term of incarceration in federal custody. (Boudreaux Decl. ¶ 7; Doc. 15, pp. 31-38, Judgment in a Criminal Case). The USMS returned Beckwith to state officials that same day. (Id).

         On May 26, 2006, Beckwith was sentenced by the State of Missouri to a twenty-five years term of imprisonment in St. Louis County Circuit Court case number 04-cr-2261. (Boudreaux Decl. ¶ 8; Doc. 15, pp. 15-22, Sentence and Judgment, Circuit Court of St Louis County, Missouri, Docket No. 04-cr-2261; Doc. 15, pp. 26-27, Department of Corrections, Adult Institutions, Face Sheet, p. 2). The state court ordered that the state sentence be served concurrently with the federal sentence, and remanded Beckwith to the Department of Justice Services of St. Louis County for transportation to the BOP for service of the state sentence. (Boudreaux Decl. ¶ 8).

         On May 26, 2006, the State of Missouri relinquished jurisdiction of Beckwith to federal officials and he came into the exclusive custody of federal authorities. (Boudreaux Decl. ¶ 9; Doc. 15, pp. 12-13, USMS Individual Custody and Detention Report). Beckwith's federal sentence commenced on May 25, 2006, the date it was imposed, as the federal court ordered the federal sentence to run concurrent with the state sentence. (Boudreaux Decl. ¶ 10; Doc. 15, pp. ...


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