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Rachuy v. Bethel Work Release

United States District Court, D. Minnesota

November 6, 2017

Gale Allen Rachuy, Petitioner,
v.
Bethel Work Release, Federal Bureau of Prisons, Respondents.

          Gale Allen Rachuy pro se petitioner.

          Ana Voss, Ann M. Bildtsen, David W. Fuller, United States Attorney's Office counsel for respondent Federal Bureau of Prisons.

          REPORT AND RECOMMENDATION

          Katherine Menendez, United States Magistrate Judge.

         The petitioner, Gale Allen Rachuy, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 on February 17, 2017. Pet., ECF No. 1. For the reasons discussed below, the Court recommends that the Petition for Writ of Habeas Corpus be denied and this action be dismissed with prejudice.

         BACKGROUND

         Mr. Rachuy is currently serving a three-year supervised release term following his completion of a 90-month prison term imposed by the United States District Court, Western District of Wisconsin for Knowingly Transporting Stolen Property Across State Lines in violation of 18 U.S.C. § 2312. Resp. at 2, ECF No. 7. When he filed his petition, he was residing at respondent halfway house, Bethel Work Release, in Duluth, Minnesota. Pet. at 1. He was then placed on home confinement in Superior, Wisconsin. Resp. at 2. His expected release date was June 23, 2017. Id. He is in the custody of the respondent, Federal Bureau of Prisons (“BOP”). Id.

         Prior to his imprisonment for the above-referenced charge, Mr. Rachuy accumulated significant time in custody from various state and federal matters. The following outline reflects the Court's understanding of Mr. Rachuy's history of incarceration leading up to his federal sentence.[1]

- July 2010: Mr. Rachuy was arrested in Douglas County, Wisconsin on July 16. He was extradited to Carlton County, Minnesota on July 21 related to charges of Theft by Swindle and Issuance of a Dishonored Check. He was released on bond on July 23, and the case was later dismissed.
- September 2010: Mr. Rachuy was indicted in the Western District of Wisconsin and charged with four counts of Interstate Transportation of a Stolen Vehicle. He was in custody from his arrest on September 1 until his release on bond on September 3. This indictment ultimately led to the sentence now at issue.
- September 2010 through December 2010: Mr. Rachuy was arrested on September 13 in Ramsey County, Minnesota after his release pending an appeal was revoked. He remained in Ramsey County Jail and in Ramsey County's primary custody, though he was brought into federal custody on a writ of habeas corpus ad prosequendum for two weeks to address a superseding indictment in the Wisconsin federal case, and then was returned to Ramsey County Jail. On December 13, he was sentenced for a Ramsey County check-forgery case and received custody credit for two years and 231 days. His Ramsey County release date was calculated as November 7, and the time thereafter was considered overserved.
- December 2010: Mr. Rachuy spent additional time in custody between his sentencing in Ramsey County and his transfer to St. Louis County to face an outstanding warrant.[2] On December 23, Mr. Rachuy was released on bond from St. Louis County.
- January 2011: Mr. Rachuy was arrested in Burnett County, Wisconsin on January 26 for Issuance of Worthless Checks. He was released on bond the same day, and the case was ultimately dismissed.
- February 2011 through December 2011: Mr. Rachuy was arrested on a warrant issued by the Wisconsin federal court and held in federal custody throughout this time. However, he was briefly transferred during this time pursuant to a writ of habeas corpus ad prosequendum to St. Louis County for a trial regarding a charge of Issuance of Dishonored Checks in May. On May 23, he was sentenced in St. Louis County to a 60-month prison term and received 143 days of custody credit.[3] He was returned to federal custody on May 26.
- February 2012: On February 3, Mr. Rachuy was sentenced by the Wisconsin federal court to 90 months in prison and a three-year supervised-release term, the sentence he is now serving. Against this sentence, he was given custody credit for 418 days and had a ...

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