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Willie Drummond v. Warden Paul M. Schultz

August 15, 2011

WILLIE DRUMMOND, PETITIONER,
v.
WARDEN PAUL M. SCHULTZ, RESPONDENT.



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

NOT FOR PUBLICATION

OPINION

Petitioner Willie Drummond, now residing at Hope Village in Washington, DC, and formerly a prisoner confined at FCI Fairton in Fairton, New Jersey, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241;*fn1 he has paid the $5 filing fee.

Because it appears from a review of the Petition that Petitioner is not entitled to relief, the Petition will be dismissed. See 28 U.S.C. § 2243.

I. BACKGROUND

Petitioner asserts that the BOP miscalculated his jail credit and states that he is being deprived of approximately eleven months of time served.

The facts provided in the petition are vague, but can be supplemented by the information listed below, taken from Respondent's responsive filing.

On March 17, 2000, Petitioner was sentenced in the Superior Court of the District of Columbia to a four to twelve year custodial term for attempted distribution of cocaine. The sentence was suspended and Petitioner was placed on supervised probation. Probation was then revoked on September 7, 2001 and Petitioner was sentenced to serve a twelve year term. Petitioner was also sentenced to a four year concurrent term for attempted possession of heroin with intent to distribute. The concurrent term was satisfied on June 6, 2004. Petitioner was released on parole from the twelve year sentence on January 7, 2005.

Petitioner agreed to participate in a community based drug program. He then was arrested in Maryland on December 9, 2005, charged with theft. He began the community based drug program on January 6, 2006. He then appeared on the Maryland charges on February 21, 2006 and was sentenced to an eighteen month term. Participation in the community based drug program was then terminated on that same date.

The United States Parole Commission ("USPC") revoked parole and ordered no credit for time on parole. He was then again released on parole on February 23, 2007, with 2,496 days remaining left to be served, plus one public law day.

Petitioner again violated his parole on September 11, 2007 and parole was once again revoked. The USPC directed that in addition to parole revocation, no time spent on parole was to be credited and he was to continue to a re-parole date of March 9, 2011.

The sentence computation by the Bureau of Prisons ("BOP") indicating that the District of Columbia parole violation sentence commenced on January 15, 2008. Petitioner received jail credit for the time spent in custody from January 10, 2008 through January 14, 2008 prior to execution of a parole violator warrant.

Petitioner was sentenced by the Superior Court of the District of Columbia on December 23, 2008 to a thirty-six month custodial term for the September 11, 2007 charge related to distribution of heroin. That term was to run concurrently to any other sentence, and Petitioner also received jail credit from September 11, 2007 to September 12, 2007.

Petitioner asserts that he is entitled to jail credit from January 15, 2008 through December 22, 2008, a time in which he was ...


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