United States District Court, M.D. Pennsylvania
MALACHY E. MANNION UNITED STATES DISTRICT JUDGE.
Hester, an inmate confined in the Allenwood Federal
Correctional Institution, White Deer, Pennsylvania, filed
this pro se petition for a writ of habeas corpus
pursuant to 28 U.S.C. §2241. Hester challenges
the Federal Bureau of Prisons' (“BOP”)
calculation of his federal sentence. (Doc. 1).
Specifically, Hester asserts that he was “on state
parole when [he] received [his] federal charge” and was
“held in state custody til the fed indicted
[him].” Id. He claims that he “spent 29
months in federal custody that was [not] credit to either
sentence.” Id. Thus, Petitioner filed the
instant action, in which he seeks credit against his federal
sentence for time spent in federal custody. Id.
the BOP has computed Hester's sentence in accordance with
policy and governing law, the petition will be
December 15, 2003, after pleading guilty, Hester was
sentenced by the state of Michigan in Case #03-001414-FH-A,
to a maximum term of imprisonment of 30 years for violation
of MCL Citation Code 333.74012A4 - Delivery of Controlled
Substance Less than 50 Grams. (Doc. 4-2 at 7,
Amended Judgment of Sentence).
April 29, 2009, Hester was released on parole by Michigan
Department of Corrections on Parole. (Doc. 4-2 at 9,
Michigan Department of Corrections - Offenders Movement
18, 2012, Hester was arrested on drug charges. (Doc.
4-2 at 10, Michigan DOC - Time Review &
19, 2012, the state of Michigan revoked Hester's parole
and he was returned to state custody as a parole violator.
April 10, 2013, Hester was borrowed into federal custody by
the United States Marshals Service on a federal writ of
habeas corpus ad prosequendum. (Doc. 4-2 at
35, USM-129- Individual Custody/Detention Report).
September 24, 2015, the United States District Court for the
Eastern District of Michigan sentenced Hester in Case
#11-CR-20551-39, to a term of imprisonment of 108 months for
violating 21 U.S.C. §846 - Conspiracy to Distribute and
21 U.S.C. §841(a)(1) - Possess with Intent to Distribute
Controlled Substances, to run concurrent to Michigan
Department of Corrections sentence. (Doc. 4-2 at 37,
Judgement in a Criminal Case # 11-CR-2-551-9).
November 6, 2015, Hester was returned from the writ to the
state of Michigan to complete his state violation sentence.
(Doc. 4-2 at 35, USM129-Individual Custody/Detention
February 3, 2016, Hester was taken into exclusive federal
custody by the United States Marshals Service via parole to
complete his 108-month federal sentence which began to run
concurrent with his state sentence on September 24, 2015, the
same day it was imposed. (Doc. 4-2 at 45, Michigan
Parole Board Order for Parole).
August 9, 2017, the United States District Court for the
Eastern District of Michigan issued an Amended Judgment in
Case #11CR20551-39, reducing Hester's term of
imprisonment from 108-months to 60-months. (Doc. 4-2
at 46, Amended Judgement in Criminal Case #11-cr-20551-39).
is currently housed in the Detroit Residential Reentry
Management Facility, with a projected release date of January