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Chavez v. Rivera

United States District Court, E.D. Arkansas, Eastern Division

February 13, 2015

CHRISTOPHER ROY CHAVEZ Reg #XXXXX-XXX, Petitioner,
v.
C.V. RIVERA, Warden FCI-Forrest City, Respondent.

PROPOSED FINDINGS AND RECOMMENDATIONS INSTRUCTIONS

JEROME T. KEARNEY, Magistrate Judge.

The following recommended disposition has been sent to United States District Court Judge J. Leon Holmes. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.

If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:

1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.

From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.

Mail your objections and "Statement of Necessity" to:

DISPOSITION

Petitioner Christopher Roy Chavez, an inmate at the Federal Correctional Institute in Forrest City, Arkansas, filed this petition for habeas corpus relief pursuant to United States Code Section 2241. (Doc. No. 1.) Mr. Chavez challenges the manner in which his sentence is being executed, alleging that the Bureau of Prisons ("BOP") wrongfully denied him prior custody credit for time served. For the following reasons, the Court recommends the District Court deny Mr. Chavez's petition.

I. PROCEDURAL HISTORY

On April 11, 2008, officers in the Alamagordo Police Department ("APD") in New Mexico arrested Mr. Chavez for driving under the influence. (Doc. No. 5-1 at 1; Doc. No. 5-1 at 29.) Later that day, Mr. Chavez posted bond on that charge. (Doc. No. 5-1 at 1.) That evening, Officer McColley in the APD obtained a search warrant to search Mr. Chavez's car. (Doc. No. 5-1 at 29.) On April 19, 2008, APD officers arrested Mr. Chavez on multiple charges, many relating to the results of the search of Mr. Chavez's car. (Doc. No. 5-1 at 2.) At the time of his arrest, Mr. Chavez was on probation in Alamagordo. ( Id. ). Alamagordo authorities held Mr. Chavez in the Otero County Detention Center. ( Id. ). On May 12, 2008, the New Mexico court committed Mr. Chavez to jail with no bond, pending revocation proceedings. ( Id. ). On May 15, 2008, Mr. Chavez was transferred from the Otero County Detention Center to the New Mexico Department of Corrections. ( Id. ).

On April 9, 2009, Mr. Chavez was transferred to the Otero County Detention Center pending his probation violation hearing. ( Id. at 3.) On April 13, 2009, a New Mexico court sentenced Mr. Chavez to serve the balance of his original sentence for his probation violation. ( Id. ). Mr. Chavez was transferred to the New Mexico Department of Corrections to serve his probation violation sentence. ( Id. ).

On May 12, 2009, while still serving his state sentence, Mr. Chavez was temporarily transferred to federal custody pursuant to a federal writ, and was held at the federal Otero County Prison Facility. ( Id. at 3-4.) On June 20, 2009, Mr. Chavez's state court sentence expired, and he ...


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