United States District Court, E.D. Arkansas, Eastern Division
FINDINGS AND RECOMMENDATION
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.
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 On October 27, 2014, [Carson's] probation was revoked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.
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
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