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Bullock v. Beasley

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

September 24, 2018

ANTONIO J. BULLOCK Reg. #31430-034 PETITIONER
v.
GENE BEASLEY, Warden, Federal Correctional Institution-Low, Forrest City, Arkansas RESPONDENT

          RECOMMENDED DISPOSITION

         I. Procedure for Filing Objections:

         This Recommended Disposition (“Recommendation”) has been sent to Chief Judge Brian S. Miller. Any party to this suit may file written objections with the Clerk of Court within fourteen (14) days of filing of the Recommendation. Objections should be specific and should include the factual or legal basis for the objection. An objection to a factual finding must identify the finding of fact believed to be wrong and describe the evidence that supports that belief.

         By not objecting, any right to appeal questions of fact may be jeopardized. And, if no objections are filed, Judge Miller can adopt this Recommendation without independently reviewing the record.

         II. Introduction:

         Antonio Bullock, an inmate at the Federal Correctional Complex in Forrest City, Arkansas, brings this Petition under 28 U.S.C. § 2241, challenging the Bureau of Prison's (“BOP”) calculation of his sentence. (Docket entry #1) Mr. Bullock contends that, because his federal sentence was ordered to run concurrently to his state sentence, his federal sentence predated its imposition and should be deemed to have begun when he was arrested and entered custody. (#1) Respondent has filed a response to the petition (#8), and it is ready for review.

         III. Background:

         On October 1, 2009, Mr. Bullock was on probation in Louisiana on state convictions (case numbers 482-209 and 484-703) when he was again arrested and charged (case number 492-803) with distributing marijuana and being a felon in possession of a firearm. (#8-1 at 4) See United States v. Bullock, No. 2:10-CR-75-MVL-SS (E.D. LA) (#45) (summarizing state charges). As a result of the new charges, the State of Louisiana moved to revoke his probation. (#8-1 at 4-5, 27-31) Id.

         On November 10, 2009, Mr. Bullock's probation was revoked in case number 484-703, and he was sentenced to five years' imprisonment in the Louisiana Department of Correction (“LDC”), with credit given for time served. (#8-1 at 4-5, 27-31) Id. Similarly, on December 4, 2009, his probation was revoked in case number 482-209. (#8-1 at 4-5, 27-31) Id. Mr. Bullock was again sentenced to five years' imprisonment in the LDC, with credit given for time served. (#8-1 at 4-5, 27-31) Id. The five-year sentences were ordered to run concurrently. (#8-1 at 4-5, 27-31) Id.

         Subsequently, Mr. Bullock was federally indicted in the Eastern District of Louisiana on March 18, 2010. (#8-1 at 33-39) Bullock, Case No. 2:10-CR-75-MVL-SS (E.D. LA) (#1). The charges stemmed from his October 1, 2009 arrest and included a felon-in-possession-of-a-firearm charge, in violation of 18 U.S.C. §§922(g)(1) and 924(a)(2); a possession-with-intent-to-distribute marijuana charge, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(D); and a charge of possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. §924(c)(1)(A). (#1) Id.

         Mr. Bullock was transferred from the custody of the LDC to the custody of the United States Marshal pursuant to a writ of habeas corpus ad prosequendum issued on March 23, 2010, commanding Mr. Bullock's appearance in federal court. (#8-1 at 41). On March 24, 2011, Mr. Bullock pleaded guilty to two of the three charges in a plea agreement that included dismissal of the third charge. He was sentenced on July 28, 2011 and was given an aggregate sentence of 156 months' imprisonment. (#8-1 at 46-50) The federal sentence was ordered to run concurrent with his previously imposed state sentences. (#8-1 at 47) Bullock, Case No. 2:10-CR-75-MVL-SS (E.D. LA) (#41 at 8).

         Thereafter, the Marshal returned Mr. Bullock to Louisiana state custody on August 1, 2011, and a federal detainer was lodged. (#8-1 at 43-44) Mr. Bullock completed his state sentences and was released from state custody on January 23, 2012, whereupon he was transferred to the BOP. (#8-1 at 54)

         Once at the BOP, Mr. Bullock was given a nunc pro tunc designation for service of his federal sentence. In doing so, the BOP designated the LDC as the facility where Mr. Bullock had begun service of his federal sentence. (#8-1 at 18, 23, & 59) As a result, the BOP designated July 28, 2011, the date his federal sentence was imposed, as the beginning date for service of his federal sentence. (#8-1 at 6-7, 18, 56-57, & 59)

         Additionally, the BOP gave Mr. Bullock 40 days' credit toward his sentence for the time between his October 1, 2009 arrest and his first conviction on November 10, 2009. Willis v. United States, 438 F.2d 923 (5th Cir. 1971) (an inmate is entitled to receive credit toward his federal sentence for all pre-sentence, non-federal custody that occurs on or after the date of the federal offense until the date that the first sentence, whether state or federal, begins).

         IV. ...


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