United States District Court, D. Minnesota
Allen Rachuy pro se petitioner.
Voss, Ann M. Bildtsen, David W. Fuller, United States
Attorney's Office counsel for respondent Federal Bureau
REPORT AND RECOMMENDATION
Katherine Menendez, United States Magistrate Judge.
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.
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
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
- 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his release pending an appeal was revoked.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
- 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. 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
- 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. He was returned to federal custody on May
- 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 ...