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Tyquann Brown v. J. F. Caraway

April 18, 2013

TYQUANN BROWN,
PETITIONER
v.
J. F. CARAWAY
RESPONDENT



The opinion of the court was delivered by: Deborah K. Chasanow United States District Judge

MEMORANDUM OPINION

Pending is Tyquann Brown's Petition for Writ of Habeas Corpus pursuant to § 28 U.S.C. § 2241. Respondent John F. Caraway, Warden of the Federal Correctional Institution in Cumberland Maryland, by his counsel, moves for dismissal or, in the alternative, for summary judgment. ECF No. 5. Petitioner has not filed a response.*fn1 After consideration of the papers, the court deems a hearing unnecessary to resolve the issues. See Local Rule 105.6 (D. Md. 2011). For the reasons that follow, summary judgment will be entered in favor of Respondent and against Petitioner.

I.Background

Brown is currently confined at the Federal Correctional Institution in Cumberland, Maryland. In this Petition, he claims that the Bureau of Prisons ("BOP") incorrectly calculated his federal sentence by failing properly to credit time spent in pre-trial detention. Petitioner claims that he is entitled to prior custody credit from April 18, 2008 through March 26, 2009. ECF No. 1.

II.Facts

Brown is serving a 188 month sentence followed by three years supervised release with a projected release date of March 14, 2024. ECF No. 5, Ex. 1H & 1J . The undisputed chronology of events is as follows:

October 15, 2006 Petitioner was paroled from the Pennsylvania Department of Corrections following service of a 3 to 10 year and 4 to 10 year sentence for drug related offenses imposed in Case Numbers 3520-CR-2000 and 1179-CR-2001.

June 20, 2007 A two count indictment was returned in the United States District for the Middle District of Pennsylvania charging Petitioner with conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base in violation of 21 U.S.C. § 846 and distribution and possession with intent to distribute 50 grams or more of cocaine base in violation of 21 U.S.C. § 841(a)(1). The charged conduct occurred on or about April 1, 2007 through June 15, 2007. Petitioner was on state parole at the time.

July 18, 2007 Petitioner's state parole supervision officer declared him delinquent.*fn2

February 8, 2008 Petitioner was charged in the Dauphin County Court of Common Pleas in Harrisburg, Pennsylvania with the manufacture, delivery or possession with intent to manufacture or deliver controlled dangerous substance in regard to an offense that occurred on March 23, 2007.

March 23 and 29, 2008 The Dauphin County Drug Task Force made two controlled buys, using a confidential informant, from Petitioner.

April 18, 2008 Petitioner was arrested by the Pennsylvania State Police. He was charged in the Dauphin County Court of Common Pleas, Harrisburg, Pennsylvania with possession with intent to deliver cocaine, criminal conspiracy, and possession of a small amount of marijuana.

May 22, 2008 The Pennsylvania Board of Probation and Parole ordered Petitioner recommitted as a parole violator when available.

June 5, 2008 The U.S. District Court for the Middle District of Pennsylvania issued a Writ of Habeas Corpus ad ...


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