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Carter v. Beasley

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

January 22, 2018

JERRY CARTER PETITIONER
v.
GENE BEASLEY, WARDEN, FCI FORREST CITY, ARKANSAS RESPONDENT

          PROPOSED FINDINGS AND RECOMMENDATIONS

         INSTRUCTIONS

         The 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.

         DISPOSITION

         Jerry 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.[1] 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.

         The pertinent dates and events are:

         October 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.

         March 12, 2010 Carter is released on parole. Docket entry no. 7-1, page 16.

         May 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.

         May 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, pages 26-27.

         June 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.

         August 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, 2013, arrest.

         February 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.

         December 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.

         January 15, 2015 Carter's state court parole is violated due to his felony convictions. Docket ...


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