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Brown v. Hughes

United States District Court, Third Circuit

May 14, 2013

EDMUND R. BROWN, Petitioner,
v.
C. RAY HUGHES, et al., Respondents.

Petitioner pro se, Edmund R. Brown, 40569-050, FCI Fairton, Fairton, NJ, Attorney for Respondents, Jennifer Lynn Davenport, Office of the United States Attorney, Trenton, NJ.

OPINION

FREDA L. WOLFSON, District Judge.

Petitioner Edmund R. Brown, a prisoner currently confined at FCI Fairton, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.[1] Because Petitioner is not entitled to relief under that statute, the Petition will be dismissed.

I. BACKGROUND

In light of Petitioner's multiple state and federal convictions, his criminal history is rather protracted. While the disposition of his habeas petition does not ultimately turn on all of these facts stated herein, I include this detailed background section in order to provide context for my ruling.

Petitioner pled guilty on March 3, 2004 to three counts of bank robbery, in violation of 18 U.S.C. § 2113 (a). USA v. Brown, Docket No. 04-142 (FLW), docket entry 24. Petitioner was sentenced to a term of imprisonment of 84 months on June 2, 2004. Id., docket entry 29, 30. Upon appeal of the conviction and sentence, on November 14, 2005 the Third Circuit Court of Appeals vacated the sentence and the matter was remanded for resentencing. Id., docket entry 46. Thereafter Petitioner was sentenced to 72 months of imprisonment. Id., docket entry 48. Petitioner again sought relief from the Third Circuit and on August 3, 2006, and the Third Circuit dismissed the appeal. Id., docket entry 54.

A Petition for Warrant for Offender Under Supervision was signed by this Court on October 25, 2007. Id., docket entry 55. Petitioner later violated a provision of his supervised release, related to drug use, and pled guilty to that violation on November 2, 2007. Id., docket entry 60. This Court then signed a Petition for Summons for the Offender Under Supervision which alleged that Petitioner had agreed to enter inpatient drug treatment, but that Petitioner had left the program without being discharged. Id., docket entry 62. Petitioner's conditions of release were then amended to include house arrest and electronic monitoring. Id., docket entry 63. Petitioner failed to comply with the requirement of home confinement and left his residence on February 21, 2008. Id., docket entry 65.

A Petition for a Warrant for Offender Under Supervision was subsequently signed on February 26, 2088. Id . Petitioner was arrested pursuant to that warrant on July 2, 2008. Id., docket entry 66. At a hearing on July 8, 2008, Petitioner was ordered detained and was sentenced to a 14 month term to be followed by a 22 month term of supervision. Id., docket entry 68, 70.

Another Petition for Warrant for Offender Under Supervision was entered against Petitioner on August 19, 2009, after he was arrested on August 12, 2009 in Camden County and charged with an assault that allegedly occurred on May 14, 2009. Id., docket entry 80, 90. Petitioner was released from the warrant on bail with certain conditions, including continued house arrest and random drug testing. Id., docket entry 80. An Amended Petition for Warrant for Offender Under Supervision was then entered on August 26, 2009 to include Petitioner's failure to report to a probation officer, failure to report for drug testing, and failure to comply with restitution requirements. Id., docket entry 91. Additional amended Petitions for Offender Under Supervision were entered against Petitioner, including a Fourth Amended Petition for Offender Under Supervision entered on February 8, 2010 which included violations relating to Petitioner failing to remain under supervision as well as an arrest in Gloucester County on January 27, 2010 that resulted in various criminal charges. Id., docket entry 99.

Petitioner then pled guilty to the Camden County charges of terroristic threats on March 10, 2010, and, on April 16, 2010, he was sentenced to three years' imprisonment to run concurrent with the pending Gloucester indictment and the federal order of supervision. See Answer, Exhibit A, B. On that same date, he was sentenced, on a weapons charge, to a five year term of imprisonment with three years to be ineligible for parole, again running concurrent with the pending Gloucester County charges and the federal order of supervision. See Answer, Exhibit A.

A Fifth Amended Petition for Offender Under Supervision was then entered in this Court against Petitioner. This petition included Petitioner's recent guilty pleas and sentencing pursuant to those pleas. USA v. Brown, Docket No. 04-142 (FLW), docket entry 103. Petitioner appeared with respect to the Fifth Amended Petition on July 20, 2010, on which date he entered a guilty plea regarding the terroristic threats. See Answer, Exhibit C. Petitioner was then sentenced, on that same date, for 10 months of imprisonment with the Court noting that the sentence is "a consecutive term to any state term that he is currently serving." Id. at 22.

Petitioner filed a motion in the Camden County criminal matter to withdraw his guilty plea and vacate the sentence. That motion was granted on September 30, 2011. See Answer, Exhibit D. He was then, on February 24, 2012, sentenced there to four years of imprisonment on that indictment with the sentence to revert back to the original sentencing date. See Answer, Exhibit E, F. On that same date, he was sentenced to four years of imprisonment on additional indictments all stemming from the weapons charges, and those sentences were ordered to run concurrent to the Gloucester County charges. See Answer, Exhibit F, G, I.

Thereafter, Petitioner filed the instant Petition which he brings as a motion for jail credits, seeking credit for a period of state sentence service to be applied toward Petitioner's federal sentence of 10 months of imprisonment. At the time of filing, Petitioner was confined at Southern State Correctional Facility and had not yet entered federal custody. Petitioner has since been taken into federal custody and is currently detained at FCI Fairton. See Letter from United States, docket entry 12.

Aside from seeking jail credits related to concurrent sentencing provisions, Petitioner also claims in his Petition that the judgment of conviction is "tainted, " and asserts that his term of service should run consecutively ...


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