United States District Court, E.D. Arkansas, Eastern Division
PROPOSED FINDINGS AND RECOMMENDATIONS
following recommended disposition has been sent to United
States District Judge D. P. Marshall Jr. You may file written
objections to all or part of this Recommendation. If you do
so, those objections must: (1) specifically explain the
factual and/or legal basis for your objection; and (2) be
received by the Clerk of this Court Clerk within fourteen
(14) days of this Recommendation. By not objecting, you may
waive the right to appeal questions of fact.
Carter (“Carter”), in federal custody at FCI
Forrest City, Arkansas, brings this action pursuant to 28
U.S.C. § 2241. He challenges the manner in which his
sentence is being executed, alleging that he has been
wrongfully denied credit for time served. Specifically,
Carter contends the Bureau of Prisons (“BOP”)
failed to credit him for the period from May 29, 2013,
through January 15, 2015, time which he claims was not
credited toward a Missouri state sentence.
pertinent dates and events are:
21, 1993 Carter pleads guilty in Missouri state
court to murder in the second degree and armed criminal
action, and is sentenced to life imprisonment. Docket entry
no. 7-1, pages 11-12.
12, 2010 Carter is released on parole. Docket entry
no. 7-1, page 16.
29, 2013 Carter is arrested by the St. Louis Police
Department for unlawful possession of a defaced firearm,
possession of a controlled substance (4 counts), and unlawful
use drug paraphernalia. Docket entry no. 7-1, pages 6-9.
30, 2013 Carter is charged in a complaint in
Missouri state court with unlawful possession of a firearm
and possession of a defaced firearm. Docket entry no. 7-1,
11, 2013 A warrant/detainer is issued by the State
of Missouri for violation of Carter's parole. Referenced
on pages 19, 39, & 46 in docket entry no. 7-1.
29, 2013 Carter is arrested by federal authorities
and charged with possession with intent to distribute heroin,
possession of a firearm in furtherance of a drug trafficking
crime, and felon in possession of a firearm. Docket entry no.
7-1, page 22. These three offenses all stem from his May 29,
4, 2014 The State of Missouri elects not to
prosecute Carter on the charges stemming from his May 29,
2013 arrest. See Memorandum of Nolle Prosequi. Docket entry
no. 7-1, page 24.
5, 2014 Carter is convicted in federal court of
possession with intent to distribute heroin, possession of a
firearm in furtherance of a drug trafficking crime, and felon
in possession of a firearm. Carter receives a sentence of 130
months, to run consecutive to the life sentence previously
imposed by the State of Missouri. Docket entry no. 7-1, pages
30-36. This is the sentence which he is currently serving at
FCI Forrest City.
15, 2015 Carter's state court parole is violated
due to his felony convictions. Docket ...