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Martinez v. Paul

United States District Court, D. Minnesota

March 6, 2019

Jose Monserrato Martinez, Jr., Petitioner,
v.
Warden David Paul, Federal Medical Center Rochester, Respondent.

          REPORT AND RECOMMENDATION

          ELIZABETH COWAN WRIGHT UNITED STATES MAGISTRATE JUDGE.

         This matter is before the Court on Petitioner Jose Monserrato Martinez, Jr.'s (“Martinez”) Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 (Dkt. No. 1) (“Petition”). The case has been referred to the undersigned United States Magistrate Judge for a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.1. Martinez seeks to receive additional credit toward his sentence for his time in custody prior to when his sentence was imposed. For the reasons stated below, the Court recommends the Petition be denied.

         I. BACKGROUND

         Martinez is a prisoner currently serving his federal sentence at the Federal Medical Center (“FMC”) Rochester. (Dkt. No. 1 at 4.) Martinez has a projected release date of April 18, 2021 via a good conduct time release. (Dkt. No. 5-1, Ex. A.)

         On August 25, 2011, Martinez was arrested by state police in Louisa County, Iowa, for the state offenses of Probation Violation and Possession of Cocaine with Intent to Deliver. (Dkt. No. 5 ¶ 5.) Martinez was sentenced in case FE-CR-007894 in Iowa state court on September 16, 2011 for a period not to exceed ten years for the Possession of Cocaine with Intent to Deliver. (Dkt. No. 5-1, Ex. C at 1.) Martinez was also sentenced in FE-CR-007789 for violating probation and sentenced to a term not to exceed five years, running concurrently with his other state sentence. (Dkt. No. 5-1, Ex. D at 1-2.)

         An indictment was filed on October 21, 2011 against Martinez for Conspiracy to Distribute at Least Five Kilograms of a Mixture and Substance Containing Cocaine. (Dkt. No. 5-1, Ex. B at 1.) On November 16, 2011, Martinez was transferred to federal custody pursuant to a writ of habeas corpus ad prosequendum. (Dkt. No. 5-1, Ex. G at 2.) Martinez pled guilty to the charge. (Id.) On August 24, 2012, the Honorable Chief Judge James Gritzner of the Southern District of Iowa sentenced Martinez as follows:

120 months as to the one-count Indictment filed on October 21, 2011, to be served concurrently to the undischarged terms of imprisonment in the Iowa District Court of Louisa County, docket numbers FECR007894 and FECR007789.

(Dkt. No. 5-1, Ex. B at 2.)

         After Martinez was sentenced in federal court, he was transferred back to state custody on October 12, 2012 to complete his state sentence. (Dkt. No. 5-1, Ex. G at 2.) On April 16, 2013, Martinez's state sentence concluded, and he was transferred back to federal custody to serve the remainder of his federal sentence. (Id.) The Bureau of Prison's (“BOP”) records indicate that Martinez's sentence computation began on August 24, 2012, the date he was sentenced in federal court, and that he was credited from August 25, 2011 (the date of his arrest) to September 15, 2011 (the date before his state sentence began) for a total of 22 days of jail credit. (Dkt. No. 5-1, Ex. A at 3.)

         Martinez challenged his sentence computation in a Request for Administrative Remedy which was received on July 11, 2017. (Dkt. No. 1-1 at 2.) The Acting Warden's response on July 25, 2017 denied his request. (Id.) The Response stated that Martinez's sentence was properly computed based on a commencement date of August 24, 2012 and that the time period of September 16, 2011 to August 23, 2012 was credited toward his state sentence and cannot be credited toward his federal sentence. (Id.)

         Martinez appealed the denial to the North Central Regional Office on September 5, 2017, which denied the appeal on September 18, 2017. (Dkt. No. 1-1 at 1.) Martinez then appealed to the Central Office. (Id. at 3-4.) The Central Office denied the appeal on February 6, 2018, thereby exhausting Martinez's administrative remedies. See Loving v. Jett, 09-cv-1403 PAM/AJB, 2009 WL 2960710, at *2 (D. Minn. Sept. 10, 2009) (“A prisoner's complaint has been exhausted, and is thereby subject to district court review, upon receipt of the Central Office response.”).

         On May 7, 2019, Martinez filed this Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 seeking to get jail time credit for the time from September 15, 2011, when he was transferred to the federal facility for his federal criminal proceeding, through August 24, 2012, when he was returned to the state facility-during which time he was serving his state sentence. (Dkt. No. 1 at 1.)[1]

         II. LEGAL STANDARD

         “The Bureau of Prisons is responsible for computing the sentence credit after the defendant has begun serving his sentence.” United States v. Tindall, 455 F.3d 885, 888 (8th Cir. 2006). “An inmate may challenge the BOP's computation of his sentence pursuant to 28 U.S.C. § 2241.” Elwell v. Fisher, 11-cv-2595 RHK/LIB, 2012 WL 2277850, at *3 (D. Minn. Apr. 25, 2012) (citing Tindall, 455 F.3d at 888). However, the BOP's determination of a ...


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