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Crawford v. Wynn

United States District Court, D. Arizona

August 13, 2014

Andre Maurice Crawford, Petitioner,
v.
Louis Wynn, Jr., Warden, Respondent.

REPORT AND RECOMMENDATION

BRUCE G. MacDONALD, Magistrate Judge.

Currently pending before the Court is Petitioner Andre Maurice Crawford's pro se Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody ("Petition") (Doc. 1). Respondent Wynn filed his Response in Opposition to Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 ("Response") (Doc. 13), and Petitioner filed his reply (Doc. 14). Pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure, this matter was referred to Magistrate Judge Macdonald for Report and Recommendation. The Magistrate Judge recommends that the District Court deny the Petition (Doc. 1).

I. PROCEDURAL AND FACTUAL BACKGROUND

Petitioner is currently incarcerated at the Federal Correctional Institution Tucson "FCI Tucson") in Tucson, Arizona. See Petition (Doc. 1). On December 20, 1992, Petitioner committed the federal offenses of Armed Carjacking and Carrying a Firearm During and in Relation to a Violent Crime in violation of 18 U.S.C. §§ 2119 and 924(c). Response (Doc. 13), Clarke Decl. (Exh. "1") ¶ 3 & United States District Court ("USDC") E.D. Pa. Case No. 93-CR-00108 Judgment in a Criminal Case (Attach. "1"). On December 21, 1992, Petitioner allegedly committed the offense of Carrying [a] Firearm Without a License, in violation of Pennsylvania law. Response (Doc. 13), Exh. "1" ¶ 4 & Court of Common Pleas of Montgomery County, Pennsylvania, Case No. CP-46-CR-0001115-1993 (Attach. "3") at 2. On December 29, 1992, a Complaint against Petitioner was filed in the federal case, USDC E.D. Pa. Case No. 93-CR-00108. Response (Doc. 13), Exh. "1" ¶ 5 & USDC E.D. Pa. Case No. 93-CR-00108 Docket (Attach. "4") at 1.[1]

On January 19, 1993, Petitioner allegedly committed inter alia the offense of Aggravated Assault in violation of Pennsylvania state law. Response (Doc. 13), Exh. "1" ¶ 7, Court of Common Pleas of Montgomery County, Pennsylvania Docket, Case No. CP-46-CR-0000829-1993 (Attach. "5") at 3, 23. On January 20, 1993, Petitioner allegedly committed inter alia the offense of Recklessly Endangering Another Person, Carrying a Firearm Without a License, and Aggravated Assault in violation of Pennsylvania state law. Response (Doc. 13), Exh. "1" ¶ 8, Court of Common Pleas of Montgomery County, Pennsylvania Docket, Case No. CP-46-CR-0000622-1993 (Attach. "6") at 3, 24. On January 28, 1993, Petitioner was arrested by the Cheltenham Township Police Department in Montgomery County, Pennsylvania Case No. CP-46-0000829-1993. Response (Doc. 13), Exh. "1" ¶ 9 & Attach. "5" at 1.

On March 4, 1993, the USDC for the Eastern District of Pennsylvania ordered that the Warden of the Montgomery County Correctional Facility at Eagleville, Pennsylvania and the United States Marshal Service ("USMS") produce Petitioner for arraignment in Case No. 93-CR-00108.[2] Response (Doc. 13), Exh. "1" ¶ 11 & Attach. "4" at 2. On July 27, 1993, the USDC sentenced Petitioner to 106 months of incarceration and three (3) years supervised release in the Eastern District of Pennsylvania Case No. CR-93-00108. Response (Doc. 13), Exh. "1" ¶ 13, Attach. "4" at 6 (Judgment 7/28/1993). On September 9, 1994, the state charge of Carrying [a] Firearm Without a License, Court of Common Pleas Montgomery County, Pennsylvania, Case No. CP-46-CR-0001115-1993, was dismissed. Response (Doc. 13), Exh. "1" ¶ 14, Attach. "3" at 2. On November 7, 1998, Petitioner was sentenced to five (5) to twenty (20) years incarceration for Aggravated Assault in the Court of Common Pleas Montgomery County, Pennsylvania, Case No. CP-46-CR-0000829-1993. Response (Doc. 13), Exh. "1" ¶ 16, Attach. "5" at 5. On this same date, Petitioner was also sentenced regarding the state charges of Recklessly Endangering Another Person and Carrying [a] Firearm Without a License in Court of Common Pleas Montgomery County, Pennsylvania, Case No. CP-46-CR-0000622-1993.[3] Response (Doc. 13), Exh. "1" ¶ 15, Attach. "6" at 4-5.

On August 31, 2004, the Commonwealth of Pennsylvania, Board of Probation and Parole granted Petitioner parole in case CP-46-CR-0829-1993. Response (Doc. 13), Notice of Board Decision (Attach. "8"). That decision stated in relevant part:

Following an interview with you and a review of your file, and having considered all matters required pursuant to the Parole Act of 1941, as amended, 61 P.S. § 331.1 et seq., the Board of Probation and Parole, in the exercise of its discretion, has determined at this time that: your best interests justify you being paroled/reparoled; and, the interests of the Commonwealth will not be injured. Therefore, you are granted parole/reparole at this time. The reasons for the Board's decision include the following:
Your acceptance of responsibility for the offense(s) committed.
The recommendation made by the Department of Corrections.
The existence of detainers filed against you.
Your participation in and completion of prescribed institutional programs.
Your reported institutional behavior since last review.
Your interview with the hearing examiner and/or ...

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