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Bredow v. Stewart

United States District Court, D. Maryland

July 31, 2017

MARK WADE BREDOW, Petitioner,
v.
WARDEN TIMOTHY STEWART, Respondent.

          MEMORANDUM OPINION

          GEORGE L. RUSSELL, III UNITED STATES DISTRICT JUDGE.

         THIS MATTER is before the Court on Petitioner Mark Wade Bredow's 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus. (Pet., ECF No. 1). Bredow is an inmate at the Federal Correctional Institution in Cumberland, Maryland (“FCI-Cumberland”). In his Petition, he challenges the authority of the Federal Bureau of Prisons (“BOP”) to execute and commence his federal sentence pursuant to a 2016 detainer lodged by the United States Marshal Service (“USMS”) based on a federal sentence imposed in 1993. (Id.). As relief, Bredow asks for removal of the “detainer sentence” or to award him “credit for all street time due to the failure to enforce” the detainer. (Id. at 2).

         Respondent Timothy Stewart (“Warden Stewart”), Warden of FCI-Cumberland, has filed a Motion to Dismiss or, in the Alternative for Summary Judgment seeking dismissal of the Petition or summary judgment in his favor for lack of exhaustion of administrative remedies. (ECF No. 7). Bredow filed a Response in opposition. (ECF No. 11).

         No hearing is required for the disposition of this case. See Local Rule 105.6 (D.Md. 2016). For the reasons set forth below, the Court will dismiss the Petition for lack of exhaustion.

         I. BACKGROUND

         On March 5, 1990, agents of the Bureau of Alcohol, Tobacco, and Firearms (“ATF”) arrested Bredow for possession of a weapon by a felon. (Hanks Decl. ¶ 3, ECF No. 7-2). On the same day, the federal authorities released Bredow on bond. (Id.). In December 1990, a search of Bredow's home resulted in the seizure of shotgun shells and .22 caliber live rounds. (Id.). Between Bredow's arrest by the ATF and his federal sentencing in 1993, Michigan law enforcement authorities arrested and convicted Bredow of several offenses. (Id. ¶¶ 4, 6, 8). Additionally, the federal authorities determined that Bredow violated his federal bond on the ATF charges. (Id. ¶ 7). In February 1992, the USMS filed a detainer with the Wayne County Jail in Detroit, Michigan based on the bond violation (the “Bond Violation Detainer”). (Id. ¶ 7).

         While serving his Michigan sentence at Kinross Correctional Facility in Michigan, Bredow was sentenced, on June 21, 1993, in the United States District Court for the Eastern District of Michigan to concurrent terms of 27 months in prison. (Id. ¶ 9). The Court ordered the federal sentence to run consecutive to the state sentence being served. (Id.). On June 30, 1993, the USMS lodged a second detainer based on Bredow's federal sentence (the “Felon in Possession Detainer”). (Id. ¶10).

         Subsequent to his federal conviction and sentencing, the warrant for Bredow's federal bond violation was dismissed. (Id. ¶ 11). Consequently, the federal bond detainer lodged with the Wayne County Jail was no longer necessary. (Id.). In an apparent error, the USMS sent a request to cancel the Felon in Possession Detainer at Kinross Correctional Facility instead of the Bond Violation Detainer at Wayne County Jail. (Id.). Handwritten notes on the USMS letter indicate the intent was to cancel the Bond Violation Detainer. (Id.). On February 14, 1995, pursuant to the request to cancel the wrong detainer, the Kinross Correctional Facility issued a memorandum to Bredow advising that he was discharged from his state probation case on February 2, 1993, and the USMS cancelled its Felon in Possession Detainer. (Id.).

         On March 1, 1996, Bredow was released on state parole. (Id. ¶ 12). He then reoffended and was arrested on April 16, 1997 in Michigan and convicted of two counts of Armed Robbery and one count of Felony Firearms Possession. (Id. ¶ 13).

         On October 21, 2008, the USMS filed a detainer for his 27-month federal sentence not yet served with the Macomb Correctional Facility where Bredow was serving a state sentence. (Id. ¶ 18). Bredow was later transferred to the Gus Harrison Correctional Facility, where USMS lodged another detainer on August 19, 2014. (Id.).

         After spending a period of time at liberty as well as serving several other state sentences, Bredow completed his state term on January 27, 2016, and was released on parole to the custody of the USMS to begin serving his federal sentence. (Id. at ¶¶ 12-19).

         At the time Bredow filed the present Petition, he was serving a 27-month federal sentence imposed following his convictions for possession of firearms and possession of ammunition by a convicted felon with a projected release date of July 5, 2017, with good-conduct credits. On July 5, 2017, the BOP released Bredow from FCI-Cumberland. See https://www.bop.gov/inmateloc/ (last visited on July 24, 2017).[1]

         II. DISCUSSION

         A. Stand ...


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