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UNITED STATES v. MAHMOOD

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK


August 21, 1998

UNITED STATES, Plaintiff, against HAMED MAHMOOD, Movant-Defendant.

The opinion of the court was delivered by: SPATT

MEMORANDUM OF DECISION AND ORDER

 SPATT, District Judge :

 The defendant, Hamed Mahmood ("Mahmood" or "the defendant") has moved the Court for "an order of release," "reconsideration of the judgment order/sentence," "summary judgment" and "appointment of new counsel." The crux of his complaint is that the United States Bureau of Prisons (BOP) incorrectly refused to award him credit for time served from March 17, 1992 through March 1, 1996. The Government concedes that Mahmood has exhausted his administrative remedies within the BOP, and that his motion is now ripe for review.

 Mahmood also has filed a companion action in the Middle District of Pennsylvania, CV 98-0618 (Vanaski, J.), the district where he is incarcerated. During the proceedings before this Court on August 21, 1998, Mahmood waived any objections to this Court's jurisdiction and/or venue, and agreed to have this Court render a determination on the motions.

 I. BACKGROUND

 The following chart illustrates the chronology of Mahmood's periods of incarceration: DATE EVENT November 14, 1991 Mahmood was arrested by New Jersey police on state drug charges, and held in pre-trial custody by state officials. April 3, 1992 While Mahmood was in New Jersey state pre-trial custody, the United States Marshal's Service ("USM") lodged a federal detainer against him with New Jersey authorities. May 21, 1992 The USM temporarily removed Mahmood from New Jersey state custody to federal custody on a Writ of Habeas Corpus Ad Prosequendum. June 9, 1992 The USM returned Mahmood to New Jersey state officials. August 20, 1992 The USM removed Mahmood from state custody to federal custody on a writ for one day. January 6, 1995 The New Jersey state court sentenced Mahmood to 15 years imprisonment on state charges, and awarded him credit for the entire period of time he served from 11/15/91 to 1/6/95. August 2, 1995 The USM removed Mahmood from state custody to federal custody on a writ for one day. March 1, 1996 This Court sentenced Mahmood to a term of 45 months incarceration, and directed that he was "to be given credit for time already served from March 17, 1992," the date the indictment against him was filed. November 13, 1996 Mahmood was paroled from New Jersey state custody, having completed his state sentence. Mahmood commenced his 45- month federal sentence.

19980821

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