United States District Court, D. Minnesota
REPORT AND RECOMMENDATION
ELIZABETH COWAN WRIGHT UNITED STATES MAGISTRATE JUDGE.
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.
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.
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.)
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.)
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
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.)
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.”).
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.)
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 ...