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Trine v. Ives

United States District Court, D. Oregon

July 27, 2018

DAVID EDMOND TRINE, Petitioner,
v.
RICHARD IVES, Warden, Respondent.

          OPINION AND ORDER

          ANN AIKEN UNITED STATES DISTRICT JUDGE.

         Petitioner, an inmate at the Federal Correctional Institution in Sheridan, Oregon, brings a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner alleges that the Bureau of Prisons (BOP) failed to give him sufficient credit for time served in presentence custody. For the reasons explained below, the petition is denied.

         BACKGROUND

         On October 7, 2012, petitioner was arrested by Montana law enforcement officials and charged with operating a methamphetamine laboratory and also with violating parole in No. BDC-12-028. See Jennings Decl. ¶ 5 & Ex. A at 5-9. Two days later, petitioner was charged with violating supervised release in Case Number BDC-10-430. Id.

         On October 17, 2012, petitioner also was charged with criminal mischief. The next day, he was sentenced to six months in jail with all but three days suspended. Id. ¶ 6. & Ex. A at 17.

         On January 30, 2013, petitioner appeared in state court on his supervised release and parole violations. See Jennings Decl. ¶ 7 & Ex. B. Petitioner admitted two of the alleged violations and the state court revoked his suspended sentence and imposed a 3-year sentence for burglary in Case Number BDC-10-430, as well as a 5-year concurrent sentence for criminal endangerment in Case Number BDC-12-028. Id.

         On July 30, 2013, petitioner was transferred from state to federal custody to face federal charges. Id. ¶ 8 & Ex. C at 2.

         On January 22, 2014, petitioner was sentenced to a 124-month term of imprisonment for conspiracy to manufacture methamphetamine in violation of 21 U.S.C. § 846; his term was later reduced to 103 months. Id. ¶ 9 & Ex. D at 2, 7. The court ordered the federal sentence to run concurrently with any undischarged state sentence imposed in Case Numbers BDC-10-430 and BDC-12-028 and recommended that petitioner receive credit for time served. Id.

         On February 13, 2014, petitioner was returned to the custody of Montana state authorities and the federal judgment was filed as a detainer. Jennings Decl. ¶IO & Ex. C at 3.

         On March 10, 2014, BOP designated the Montana state facility as the place for petitioner to serve his federal sentence. See Id. ¶ 10 & Ex. F at 1.

         On October 16, 2014, Montana officials notified the U.S. Marshals Service that service of petitioner's state sentences would be complete on October 29, 2014. Id. ¶ 10 & Ex. B at 10. On that date, petitioner was transferred to BOP custody to complete the remainder of his federal sentence.

         On January 3, 2018, after exhausting his administrative remedies, petitioner filed the instant Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241.

         DISCUSSION

         Petitioner's federal sentence commenced on January 22, 2014 and the BOP began calculating his sentence as of that date. Petitioner maintains that he is entitled to credit for the days he spent in custody between January 30, 2013 and the date of his federal sentencing on January 22, 2014, because the district court recommended that petitioner be given credit for ...


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