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Hester v. Lane

United States District Court, M.D. Pennsylvania

November 4, 2019

ERIC HESTER Petitioner
v.
KATHY P. LANE Respondent

          MEMORANDUM

          MALACHY E. MANNION UNITED STATES DISTRICT JUDGE.

         Eric 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.

         Because the BOP has computed Hester's sentence in accordance with policy and governing law, the petition will be DENIED.

         I. Background

         On 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).

         On 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 Report).

         On June 18, 2012, Hester was arrested on drug charges. (Doc. 4-2 at 10, Michigan DOC - Time Review & Disposition).

         On June 19, 2012, the state of Michigan revoked Hester's parole and he was returned to state custody as a parole violator. Id.

         On 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).

         On 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).

         On 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 Report).

         On 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).

         On 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).

         Hester is currently housed in the Detroit Residential Reentry Management Facility, with a projected release date of January ...


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