Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cazares-Romero v. Winn

United States District Court, Ninth Circuit

September 12, 2013

Alejandro Cazares-Romero, Petitioner,
v.
Louis W. Winn, Jr., Respondent.

REPORT AND RECOMMENDATION

LESLIE A. BOWMAN, Magistrate Judge.

On July 20, 2012, Alejandro Cazares-Romero, an inmate confined in the Federal Correctional Institution in Tucson, AZ, filed a Petition for Writ of Habeas Corpus pursuant to Title 28, United States Code, Section 2241. (Doc. 1) Cazares-Romero claims he is entitled to pre-sentence credit for time spent incarcerated from 8/20/08 to 1/12/09. Id.

Pursuant to the Rules of Practice of this Court, this matter was referred to Magistrate Judge Bowman for report and recommendation.

The petition should be denied on the merits. Pre-sentence credit is not allowed for time credited to another sentence.

Background

Cazares-Romero was convicted of theft in state court and sentenced to five years' imprisonment on October 17, 2007. (Doc. 8, p. 2)

On January 24, 2008, Cazares-Romero was indicted in federal court for illegal reentry after deportation. Id. The court issued a writ of habeas corpus ad prosequendum to compel his appearance in federal court. (Doc. 8-1, p. 30)

There is some discrepancy as to when exactly Cazares-Romero was writted from the state authorities. He believes the date was August 20, 2008. (Doc. 1, p. 12) The court will assume this is correct. But see (Doc. 8-1, p. 2)

Cazares-Romero eventually pleaded guilty to the federal charge and was sentenced to 63 months' imprisonment on January 12, 2009. (Doc. 8, p. 3) Judge David Campbell ordered that Cazares-Romero receive "credit for time served" and ordered the federal sentence to run concurrently with the state sentence. Id.

Cazares-Romero was returned to state authorities on May 1, 2009. Id. When he completed his state sentence on September 6, 2011, he was released to federal custody. Id.

The Bureau of Prisons (BOP) computes Cazares-Romero's sentence using a start date of January 12, 2009, the date he was sentenced in federal court. (Doc. 8, p. 3) The BOP has awarded pre-sentence credit from April 18, 2007 (the date Cazares-Romero was arrested for his state charge) to October 16, 2007 (the day before he was sentenced by the state court). Id.,

In the pending petition, Cazares-Romero argues he is entitled to pre-sentence credit from August 20, 2008, the date he was writted from the state authorities, to January 12, 2009, the date he was sentenced in federal court. (Doc. 1, p. 9)

Discussion

Pre-sentence credit is calculated pursuant to 18 U.S.C. ยง3585, which reads in ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.