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Derrick A. anderson v. Donna Zickefoose

March 15, 2012

DERRICK A. ANDERSON, PETITIONER,
v.
DONNA ZICKEFOOSE, RESPONDENTS.



The opinion of the court was delivered by: Renee Marie Bumb United States District Judge

MEMORANDUM OPINION AND ORDER

This matter comes before the Court upon Petitioner's Section 2241 Petition. Petitioner paid the filing fee of $5.00, see Docket Entries Nos. 1 and the entry dated December 27, 2011.

Petitioner is an inmate, currently serving his term of imprisonment at the F.C.I. Fort Dix, Fort Dix ("Fort Dix"). According to the Petition, Petitioner is an inmate serving a term imposed by the United States Army. On November 21, 1991, Petitioner was convicted as a result of United States court-marshal proceedings that were held in the Federal Republic of Germany. The conviction ensued from two charges of sexual assault, three charges of attempted rape, as well as battery and assault charges, and it resulted in a 22-year prison sentence. See Docket Entry No. 1, at 1-2. In addition, Petitioner's offenses resulted in criminal prosecution by the local German authorities; that German prosecution produced a life sentence with fifteen years of parole ineligibility. See id. at 2. Having served fifteen years of his German term, Petitioner was released by the Federal Republic of Germany into the custody of the United States authorities on March 25, 2010. See id. On May 18, 2010, Petitioner was transferred to Fort Dix, where he is serving the sentence imposed as a result of his court-marshal proceedings. See id.

Petitioner contends that the criminal sentence he had served in custody of the Federal Republic of Germany should be concurrent with the sentence imposed as a result of his court-marshal proceedings,*fn1 see id. Petitioner also avers that his court-marshal-imposed sentence is subject to "military good time credit" afforded to military inmates. See id. Petitioner contends that his 22-year court-marshal-imposed sentence, reduced by such credit, should have produced a 14-year-9-month-25-day period of imprisonment, i.e., a term just short of 15 years. See id. at 3. Thus, Petitioner argues that his sentence imposed as a result of his court-marshal proceedings had to expire even before he was paroled into the U.S. Army custody by the Federal Republic of Germany. See id.

As of now, Petitioner's information on the Bureau of Prisons ("BOP") website indicates that Petitioner is scheduled to be released on June 10, 2024. See >.

The Petition is accompanied by exhibits replicating Petitioner's application to the BOP and the BOP's responses. See Docket Entry No. 1, at 5-14. These exhibits seem to suggest that: (a) Petitioner's mode of calculating his military good time credits applicable to his court-marshal-imposed sentence differs from the calculation made by the Department of the Army; and (b) Petitioner's presumption of mandatory concurrence is not shared by the Department of the Army. See, e.g., id. at 8. These exhibits also indicate that Petitioner requested the BOP to recalculate his court-marshal-imposed sentence in accordance with Petitioner's position that the sentence run concurrently. See id. at 9-14.

The response Petitioner received from his current warden reads:

This is in response to your Request for Administrative Remedy, in which you contend your sentence computation should commence on November 21, 1991. The Correctional Systems Management Department contacted the Designation and Sentence Computation Center in Texas to further review your file. We will notify you when we receive confirmation from Texas on this issue. This response is for informational purposes only. . . . Id. at 10.

The response by the BOP Regional Office reads:

You appeal the response from the Warden at FCI Fort Dix and denial of your request for prior custody credit on your federal sentence for time spent in custody from August 19, 2002, through March 17, 2004. You state the credit you seek was time spent in custody not credited toward your state sentence. You request your sentence computation be corrected. A review of your appeal revealed, on August 17, 2011, your sentence computation was reviewed and updated by the Designation and Sentence Computation Center. Your sentence computation currently reflects November 21, 1991, as the date your sentence computation began. You are currently scheduled for release on June 10, 2024, [upon serving two-thirds of your court-marshal-imposed sentence]. Your statutory [r]elease date is October 11, 2031. Accordingly, your appeal has been granted.

Id. at 12.

The response Petitioner received from the National Inmate Appeals, i.e., the Central office of the BOP, reads:

This is in response to your Central Office Administrative Remedy Appeal in which you contend you have been in U.S. custody since November 21, 1991, the day you were sentenced in military court, and your sentence computation should begin that day. You request credit toward your federal sentence from November 21, 1991 to the present and to be credited with good time equal to one third of your sentence which would make your release date past due. A review of the documentation provided to the Bureau of Prisons by the Department of the Army supports that the Designation and Sentence Computation Center (DSCC) has correctly computed your sentence to begin on November 21, 1991. You contend your sentence incorrectly "paused" for the writ of ad prosequendum. Contrary to your contention, however, the record reflects your sentence computation began on November 21, 1991, and has not stopped. Issues regarding Military Good Time need to be addressed with the Records Office, U.S.

Army Disciplinary Barracks, Fort Leavenworth, Kansas. As based on Program Statement 5110.[1]6, Administration of Sentence for Military Inmates, the DSCC must accept the sentence computation provided by military authorities. Since the DSCC must accept a sentence computation provided by the ...


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