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Cintron v. Warden

United States District Court, S.D. New York

October 14, 2014

Jose R. Cintron, Petitioner, -
v.
- Warden, F.C.I. Otisville, Respondent

Decided October 13, 2014

Jose R. Cintron, Petitioner, Pro se, Otisville, NY.

For Warden, F.C.I. Otisville, Respondent: Michael J. Byars, U.S. Attorney's Office, SDNY, New York, NY.

OPINION AND ORDER

John G. Koeltl, United States District Judge.

The petitioner, Jose R. Cintron, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The petitioner seeks credit toward a ninety-two month federal sentence for twelve and one-half months he spent in state custody prior to the beginning of his federal sentence. For the reasons explained below, the petition is denied.

I.

On March 4, 2008, the petitioner was arrested by officials from the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Decl. of Marcus Boudreaux (" Boudreaux Decl." ) Ex. C, at 1.) The petitioner was charged in the District of Vermont with knowingly and intentionally distributing cocaine base and with being a felon in possession of a firearm. United States v. Cintron, No. 08 Cr. 31 (D. Vt.) (docket item 1). The petitioner

Page 655

was released from federal custody on bond on March 5, 2008. (Boudreaux Decl. Ex. C, at 2.)

On March 11, 2008, the petitioner was arrested by New York State authorities and held in state custody for a violation of his parole from a prior state sentence. (Boudreaux Decl. Ex. A, at 7.) On April 3, 2008, the petitioner was writted into the custody of the United States Marshals Service pursuant to a writ of habeas corpus ad prosequendum, but remained in the primary custody of the state. (Boudreaux Decl. Ex. C, at 2.)

The petitioner pleaded guilty to the federal drug and firearm charges and was sentenced on March 30, 2009. (Boudreaux Decl. Ex. B, at 1.) The United States District Court for the District of Vermont recognized at sentencing that the petitioner would not get credit applied to his federal sentence for the twelve and one-half months served in state custody prior to sentencing. (Boudreaux Decl. Ex. D, at 38.) Accordingly, the District Court reduced the petitioner's sentence pursuant to the United States Sentencing Guidelines § 5G1.3(c), taking into account the approximately fifteen months (time served plus possible good time credits) that otherwise would not be applied to his federal sentence. (Boudreaux Decl. Ex. D, at 43.) The District Court sentenced the petitioner to ninety-two months of incarceration on each count, with the federal sentences to run concurrently with each other as well as any state sentence on the state parole violation. (Boudreaux Decl. Ex. D, at 40-41.)

On June 8, 2009, New York State authorities revoked the petitioner's parole and imposed a two-year time assessment for his parole violations. (Boudreaux Decl. Ex. A, at 4.) The petitioner received credit towards the state time assessment for the time served from his March 11, 2008 arrest, and the petitioner was returned to federal custody upon the completion of his two-year state time assessment on March 11, 2010. (Pet. 10.)

The Bureau of Prisons (" BOP" ) credited the petitioner with two days of prior time served in federal custody on March 4 and 5, 2008, which has not been credited to his state sentence. (Boudreaux Decl. Ex. F, at 3.) The BOP has calculated the petitioner's release date as December 2, 2015, assuming time credit for good conduct. (Boudreaux Decl. Ex. F, at 3.) The ...


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