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Greenough v. Hufford

United States District Court, Second Circuit

July 26, 2013

Jeromee Wade GREENOUGH, Petitioner,
v.
Mr. HUFFORD, Respondent.

REPORT AND RECOMMENDATION

SARAH NETBURN, Magistrate Judge.

TO THE HONORABLE J. PAUL OETKEN:

Pro se petitioner Jeromee Wade Greenough brings this petition for writ of habeas corpus, pursuant to 28 U.S.C. ยง 2241, alleging that the Federal Bureau of Prisons (the "BOP") erroneously calculated the presentence custody time credited to his federal sentence. Because the days that Greenough asks to have credited toward his federal sentence already have been credited to his state sentence, he is not entitled to the relief he seeks. Accordingly, his petition for writ of habeas corpus should be DENIED.

BACKGROUND

Greenough is a prisoner at the Federal Correctional Institution in Otisville, New York ("FCI Otisville"), where he is serving a 235-month sentence for armed bank robbery.

I. Factual Background

The following facts are taken from the parties' pleadings and the record.

A. Presentence State Custody

On October 11, 2001, Greenough was arrested by the Sumter County, Florida Sheriff's Department for armed robbery, conspiracy to commit robbery, aggravated assault with a deadly weapon and battery. On May 14, 2002, Greenough's Sumter County charges were dismissed in favor of a federal prosecution for the same offenses. It is the sentence calculation for this conviction that Greenough challenges.

B. Post-Sentence State Custody

On April 24, 2002, while Greenough's Sumter County charges were still pending, he was writted from Sumter County to Polk County, Florida, where he was sentenced to five years' imprisonment for attempted robbery with a deadly weapon. Following this sentence, he was transferred to Pasco County, Florida, to face additional charges of attempted robbery. On August 26, 2003, Greenough was sentenced in Pasco County to a 21-month sentence.

On August 29, 2003, pursuant to a writ, Pasco County released Greenough to Hernando County, Florida to address additional pending charges. On October 15, 2003, Greenough was sentenced in Hernando County to two concurrent ten-year sentences for armed robbery.

The Florida Department of Corrections credited to Greenough's state sentences, as time served, the period from Greenough's arrest on October 11, 2001, until October 15, 2003, when he was sentenced by Hernando County.

C. Federal Conviction and Sentence

On November 13, 2003, following the imposition of his sentence in Hernando County, Greenough was released to the custody of the United States Marshals pursuant to a writ of habeas corpus ad prosequendum to face charges in the United States District Court for the

Middle District of Florida for the conduct for which he was arrested on October 11, 2001, in Sumter County. He remained in the custody of the U.S. Marshals through June 28, 2004.

On February 27, 2004, Greenough pled guilty in the Middle District of Florida to nine counts arising from his commission of armed bank robberies from June 13, 2001, through October 11, 2001. On June 17, 2004, the court imposed a 235-month sentence on Greenough. That sentence was to run concurrently with the state sentences imposed by Pasco and Hernando Counties. On June 28, 2004, based on ...


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