Carson v. Hendrix

          FINDINGS AND RECOMMENDATION

         INSTRUCTIONS

         The following proposed Recommendation has been sent to United States District Judge James M. Moody, 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 within fourteen (14) days of this Recommendation. By not objecting, you may waive the right to appeal questions of fact.

         DISPOSITION

         In an attempt to summarize the proceedings giving rise to the case at bar, respondent Dewayne Hendrix (“Hendrix”) has submitted a declaration from James D. Crook (“Crook”), an official with the Federal Bureau of Prisons (“BOP”). Petitioner Robert Blake Carson (“Carson”) has not opposed the declaration. The undersigned accepts as true the representations contained in it and finds the following:

1. On June 30, 2014, [Carson] was arrested by Shelby County, Tennessee, authorities on a Warrant issued out of Henry County, Tennessee, for Theft of Property in case number[] 15393 (charges involve the instant federal offense). While in custody, [he] was charged in Benton County, Tennessee, with Forgery (reduced to Theft) in case number 14CR649. ...

2. On October 27, 2014, [Carson's] probation was revoked in Benton County Circuit Court docket number 12CR35, with a maximum expiration date of April 7, 2015. ...

3. On November 10, 2014, [Carson] was sentenced to a 4-year term of imprisonment; all suspended but 1-year in the Henry County Circuit Court, docket number 15393. The Court further ordered the sentence to run concurrently with the sentence imposed in the Benton County Circuit Court docket number 12CR35. Prior custody credit was applied to this sentence from June 30, 2014, through November 9, 2014, the date prior to the sentence being imposed. The maximum expiration date of this sentence is November 10, 2018. ...

4. On November 26, 2014, [Carson] was sentenced to [an] 11-months and 29-day term of confinement; all suspended but 12-days in docket numbers 14CR594 and 14CR649, said terms to run concurrently. ...

5. On April 28, 2015, [Carson] satisfied his state terms of confinement, releasing to the community to commence service of a 3-year term of probation in docket number 15393. ...

6. On June 15, 2015, the United States District Court for the Western District of Tennessee issued a single count Indictment [in] Criminal Number 1-15-cr-10047-JDB, charging [Carson] with Convicted Felon in Possession of a Firearm ... In addition, the Court issued an Arrest Warrant. ...^[1]

7. On June 17, 2015, [Carson] was arrested by the Federal Bureau of Investigation executing the Warrant. ...

8. On March 4, 2016, the Assistant United States Attorney for the Western District of Tennessee issued an Information, Criminal Number 1:16-cr-10026-JDB, charging [Carson] with Convicted Felon in Possession of a Firearm ... In addition, a Plea Agreement and Waiver of Indictment was issued based on both parties agreeing on an appropriate sentence of 120-months. ...

9. On July 8, 2016, [Carson] was sentenced in the ... Western District of Tennessee in case number [1:16-cr-10026], consisting of a 120-month term of imprisonment for Possession of Stolen Firearm ...

See Docket Entry 5, Exhibit A at CM/ECF 1-3. Carson entered the custody of the BOP, and a sentence computation document was prepared. See Id. at 3. It reflected that his federal sentence in 1:16-cr-10026 was deemed to have begun on July 8, 2016, i.e., the day it was imposed, and a total of 387 days of prior custody credits were applied to the sentence for the period from June 17, 2015, through ...