United States District Court, D. Maryland
L. RUSSELL, III UNITED STATES DISTRICT JUDGE.
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).
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).
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
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).
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.
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.).
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).
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.).
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).
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,