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Owens v. Julian

United States District Court, S.D. Indiana, Terre Haute Division

April 26, 2018

KARLOS OWENS, Petitioner,
v.
STEPHEN JULIAN, Respondent.

          ENTRY DENYING PETITION FOR A WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF FINAL JUDGMENT

          Hon. William T. Lawrence, Judge.

         Petitioner Karlos Owens (Owens) is a federal prisoner currently incarcerated at the Federal Correctional Institution (FCI) in Terre Haute, Indiana. Owens is serving a term of imprisonment of 27 months imposed by the United States District Court for the Eastern District of Missouri. Owens filed this Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 to challenge the way his sentence has been calculated by the Bureau of Prisons. In particular, he argues that he should have been given credit for the time he spent in pretrial detention. For the reasons explained below, Owens' petition is denied.

         I. Background

         On February 27, 2014, Owens was sentenced to six years imprisonment by the State of Missouri for Possession C/S Heroin (Case No. 1122-CR03514-01) with a one year concurrent sentence for Possession of Marijuana. The state sentences were ordered to be served consecutively to a prior state sentence of four years for Resisting Law Enforcement with 4 years concurrent for Resisting Arrest by Fleeing (Case No. 1322-CR03958-01).

         On May 11, 2015, while Owens was on parole from those convictions, he was arrested by local law enforcement and charged with Driving with a Suspended License and Leaving the Scene of an Accident.

         On July 6, 2015, Owens' state parole was revoked and he was returned to the Missouri Department of Corrections (“DOC”) to serve his prior state sentence.

         On September 30, 2015, Owens was indicted in the United States District Court for the Eastern District of Missouri, Case No. 4:15CR00448-1 SNLJ/DDN, and charged with Knowingly and Intentionally Distributing Heroin, and Knowingly Possessing a Firearm in Furtherance of a Drug Trafficking Crime, and Felon in Possession of a Firearm.

         On October 2, 2015, the United States filed an Application for Writ of Habeas Corpus Ad Prosequendum seeking to bring the Petitioner to appear before the district court for an initial appearance and other dates and times as needed, and then to return him to his place of custody, the Eastern Reception Diagnostic Center, upon completion of proceedings. On October 2, 2015, the district court ordered that the Writ issue as requested in the application. On October 8, 2015, United States Marshals executed the writ and took temporary custody of Petitioner.

         On August 3, 2016, Owens was sentenced in the United States District Court to a 27-month term of imprisonment to be served consecutively to the sentences previously imposed by the State of Missouri in Docket Nos. 1122-CR03514-01 and 1322-CR3958-01 “and consecutively to any other sentences imposed by any other court.” On August 19, 2016, Owens was returned to the Missouri Department of Corrections in satisfaction of the writ, and the federal Judgment became a detainer pending his release from state custody.

         On November 23, 2016, the State of Missouri paroled Owens, who was then released into the custody of the United States Marshal pursuant to the federal detainer to begin service of his federal sentence. On March 10, 2017, the Missouri state charges stemming from the May 11, 2015 arrest were dismissed.

         Owens currently has a projected release date (via Good Conduct release) of November 8, 2018, and upon completion of the Residential Drug Abuse Program (“RDAP”), Owens may be eligible for a sentence reduction and release on June 6, 2018.

         II. Discussion

         Owens challenges the calculation of his federal sentence. He argues that he is entitled to credit against his federal sentence for the period of time he spent in custody between October 8, 2015, and August 19, 2016. The respondent argues that Owens was given credit toward his Missouri sentence for that time and is not entitled to receive credit against his federal sentence.

         The Attorney General is responsible for computing the terms of imprisonment of federal prisoners for all offenses committed on or after November 1, 1987. See United States v. Wilson, 503 U.S. 329 (1992). The Attorney General has ...


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