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Juan C. Ramos-Rodriguez v. Warden

July 13, 2011

JUAN C. RAMOS-RODRIGUEZ, PETITIONER,
v.
WARDEN, RESPONDENT.



The opinion of the court was delivered by: Hillman, District Judge

NOT FOR PUBLICATION

OPINION

Petitioner Juan C. Ramos-Rodriguez, a prisoner currently confined at the Federal Correctional Institution at Fort Dix, New Jersey, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.*fn1 The respondent is the warden of the FCI Fort Dix.

Based upon the record presented to this Court, the petition will be denied.*fn2

BACKGROUND

On May 4, 2001, Petitioner was arrested in San Juan, Puerto Rico, for attempted murder, auto theft, and weapons and drug charges under Commonwealth of Puerto Rico laws. On September 12, 2001, Petitioner was temporarily transferred to federal custody pursuant to a writ of habeas corpus ad prosequendum due to a federal indictment in the District of Puerto Rico.

On November 7, 2002, Petitioner was sentenced in the United States District Court for the District of Puerto Rico to a term of 120 months, for conspiracy to distribute heroin, cocaine, cocaine base, and marijuana, in violation of 21 U.S.C. § 846.

On February 20, 2003, Petitioner was sentenced in the Guayama Superior Court to a 7 year imprisonment term for violations of Puerto Rican law. On June 17, 2003, Petitioner was returned to the custody of the Commonwealth of Puerto Rico in satisfaction of the federal writ.

On May 2, 2005, Petitioner completed his Puerto Rican sentence, and was released to federal custody on May 4, 2005. His federal sentence began to run on May 2, 2005.

On August 2, 2010, during the pendency of this litigation, the Bureau of Prisons ("BOP") reviewed Petitioner's request for a nunc pro tunc retroactive designation of the Puerto Rican institution for service of his federal sentence. The request for nunc pro tunc designation was denied on October 4, 2010, based on factors under 18 U.S.C. § 3621(b).

The BOP then computated Petitioner's sentence based on the 120-month term commencing on May 2, 2005. Assuming good conduct time, Petitioner's projected release date is January 16, 2014.

In this petition, Petitioner argues that this Court should order the BOP to consider him for a nunc pro tunc designation of the Commonwealth of Puerto Rican institution for service of his federal sentence, and alleges that the federal sentence should be credited with time served on the Commonwealth sentence, because the Commonwealth ordered his Commonwealth sentence to run concurrently to his previously imposed federal sentence.

DISCUSSION

The Attorney General is responsible for computing federal sentences for all offenses committed on or after November 1, 1987, see United States v. Wilson, 503 U.S. 329 (1992) and 18 U.S.C. ยง 3585, and the Attorney General has delegated that authority to the ...


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