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Crooker v. Stewart

United States District Court, D. Maryland

August 12, 2014

MICHAEL ALAN CROOKER, Petitioner,
v.
WARDEN TIMOTHY STEWART, Respondent.

MEMORANDUM

ELLEN L. HOLLANDER, District Judge.

Petitioner Michael Crooker is a federal inmate incarcerated at the Federal Correctional Institution in Cumberland, Maryland ("FCI-Cumberland"), where he is serving a 15-year sentence.[1] Crooker, who is self-represented, filed a petition for a writ of habeas corpus. In response, Warden Stewart, respondent, filed a motion to dismiss, or alternatively, a motion for summary judgment (the "Motion"). ECF No. 6. The Motion is supported by the Declaration of Jeffrey Johnson, a Bureau of Prisons ("BOP") employee since 1988, who works as a Correctional Programs Specialist at the Designation and Sentence Computation Center ("DSCC"). Johnson has attached numerous exhibits to his Declaration.[2] Petitioner was notified of his opportunity to file a reply and has done so. ECF Nos. 7 & 8. Thereafter, respondent replied. ECF No. 9. Petitioner then filed a "Motion For Leave To File A Rebuttal To Government Response And Rebuttal." ECF No. 10. That motion is granted.

No hearing is necessary to resolve the Motion. See Local Rule 105.6 (D. Md. 2014). For the reasons that follow, the court will GRANT the Motion, DISMISS the petition for writ of habeas corpus, and DENY a certificate of appealability.

Background

Petitioner maintains that the BOP has improperly calculated his good time credits ("GTC") by not "vesting" credits he earned from June 23, 2004 through June 19, 2011. ECF No. 1. He maintains that his release from BOP custody to the custody of the U.S. Marshals on September 13, 2010, triggered the vesting of his 337 days of accrued good time credits under 18 U.S.C. § 3624(b)(2).[3] Id. Petitioner states that the fact that he has been subjected to disciplinary sanctions, which included the disallowance of GTC, demonstrates that the case is ripe for review. Id. He claims that the risk of loss of the GTC is immediate. Id.

The facts and circumstances giving rise to this action are not in dispute. On June 23, 2004, petitioner was arrested on federal firearms charges. ECF No. 6, Ex. 1. On July 22, 2004, petitioner mailed a threatening letter to the Assistant United States Attorney assigned to prosecute petitioner's federal firearms charges. Id.

On June 8, 2007, the United States District Court for the District of Massachusetts, sentenced petitioner to 262 months' incarceration for violation of 18 U.S.C. § 922(g) (Transportation of a Firearm in Interstate Commerce by a Convicted Felon). ECF No. 6, Ex. 1 at 7-8.

On December 4, 2007, petitioner was indicted in the United States District Court for the District of Massachusetts on nine additional counts including: Count One, Mailing a Threatening Communication, in violation of 18 U.S.C. § 876(c); Count Two, Threat to Use a Weapon of Mass. Destruction, in violation of 18 U.S.C. § 2332(a)(2)(A), 18 U.S.C. § 2332(a)(2)(B), 18 U.S.C. § 2332(a)(2)(D), and 18 U.S.C. § 2332(a)(3); Count Three, Threat to Transfer a Toxin for Use as a Weapon, in violation of 18 U.S.C. § 175(a); Count Four, Possession of Toxin for Use as a Weapon, in violation of 18 U.S.C. § 175(a); Count Five, Possession of Toxin for Use as a Weapon, in violation of 18 U.S.C. § 175(a); Count Six, Possession or Production of Toxin for Use as a Weapon, in violation of 18 U.S.C. § 175(a); Count Seven, Possession or Production of Toxin, in violation of 18 U.S.C. § 175(b); Count Eight, Possession of Toxin by a Restricted Person, in violation of 18 U.S.C. § 175(b)(a); and Count Nine, Possession of Toxin Without Registration, in violation of 18 U.S.C. §§ 175b(c)(1) & (2). ECF No. 6, Ex. 1 at 14-22.

The United States Court of Appeals for the First Circuit reversed petitioner's conviction for transportation of a firearm in interstate commerce on June 18, 2010. The case was remanded to the district court for entry of a judgment of acquittal. ECF No. 6, Ex. 1 at 25. A judgment of acquittal was entered by the United States District Court for the District of Massachusetts on September 9, 2010, as to petitioner's indictment for transportation of a firearm in interstate commerce. Id., Ex. 1 at 27. The following day, the BOP vacated and deleted petitioner's federal sentence. Id., Ex. 1 at 3. On September 13, 2010, petitioner was transferred to the custody of the U.S. Marshals Service pursuant to a detainer which was lodged based on the 2007 indictment. Id., Ex. 1 at 29.

Petitioner pled guilty to two offenses in connection with the 2007 charges, and was sentenced in the United States District Court for the District of Massachusetts on June 20, 2011. He received 60 months incarceration for violation of 18 U.S.C. § 876(c) (Mailing a Threatening Communication), and a consecutive sentence of 120 months incarceration for violation of 18 U.S.C. § 175b(c)(1) (Possession of Toxin Without Registration). Id., Ex. 1 at 31-32. Petitioner was committed to the custody of the BOP for a total of 180 months. Id.

In computing petitioner's sentence, the BOP commenced the sentence on the date it was imposed (June 20, 2011) and awarded Crooker 2, 553 days credit for the time he was in official detention from his arrest on June 23, 2004, through June 19, 2011, the day before his federal sentence commenced. Id., Ex. 1 at 38-39.

From the commencement of petitioner's official detention he has accrued GTC at a rate of 54 days per year. Id., Ex. 1 at 41. From June 23, 2004, through June 23, 2011, petitioner earned 378 GTC.[4] Id. He earned an additional 108 good conduct credits from June 24, 2011 through June 23, 2013. Id.

On October 2, 2013, petitioner received disciplinary sanctions for violating Code 112 (Use of Drugs or Alcohol). Id., Ex. 1 at 43. As part of petitioner's disciplinary sanctions, 41 days of GTC were disallowed. Id. The 41 days were taken from the computation period of June 24, 2013 to June 23, 2014. Id., Ex. 1 at 41. ...


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