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Sanora v. Martinez

United States District Court, D. Arizona

March 16, 2017

Luis Fernando Sanora, Petitioner,
v.
Felipe Martinez, Warden, Respondent.

          REPORT AND RECOMMENDATION

          Leslie A. Bowman United States Magistrate Judge

         Pending before the court is a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, filed on November 29, 2016. (Doc. 1) The petitioner, Luis Fernando Sanora, objects to the Bureau of Prisons' refusal to grant him 22 months of sentencing credit.

         The respondent, Felipe Martinez, filed an answer opposing the petition on February 13, 2017. (Doc. 10) Sanora filed a reply on February 20, 2017. (Doc. 13)

         Pursuant to the Rules of Practice of this Court, this matter was referred to Magistrate Judge Bowman for a Report and Recommendation. The petition should be denied on the merits.

         Summary of the Case

         On June 8, 2010, Sanora received a 50-month sentence of imprisonment plus three years' supervised release in the District of Arizona for Possession of Firearms and Ammunition by a Convicted Felon. (Doc. 10-2, p. 3)

         On August 17, 2012, he was sentenced in the Southern District of Illinois for Conspiracy to Distribute Marijuana. (Doc. 10-2, p. 3) The judgment reads in pertinent part as follows:

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:
338 months. This terms consists of a term of 360 months, from that the Court will grant credit for 22 months served on a related state [sic] case imposed in Docket Number 4:08CR01100-001-TUC-FRZ, in the District of Arizona. The term of imprisonment imposed by this judgment shall run concurrently with that imposed in the District of Arizona.

(Doc. 10, p. 3) This paragraph appears on page 2 of the judgment in the section entitled “Imprisonment.” (Doc. 10-2, p. 17) Afterwards there are sections entitled “Supervised Release, ” “Standard Conditions of Supervision, ” “Additional Supervised Release Terms, ” “Criminal Monetary Penalties, ” and “Schedule of Payments.” Id., pp. 18-21 On September 4, 2013, the Illinois court reduced Sanora's sentence on motion by the government to 150 months. (Doc. 10, p. 2) The court's order further explained that, “All other terms and conditions remain the same.” Id.

         On May 11, 2015, the Illinois court granted Sanora a second reduction. (Doc. 10, p. 3) His sentence was reduced “from 150 months to 100 months.” Id. The order explained that, “Except as otherwise provided, all provisions of the judgment dated 08/17/2012 shall remain in effect.” Id.

         Sanora filed a motion for clarification arguing that his new 100-month sentence should be credited with the 22 months previously served in the Arizona case. (Doc. 10, p. 3) In the alternative, he requested that the court amend its judgment and give him a sentence of 78 months. Id. The sentencing court dismissed the motion stating it had no authority to give him credit for time served because that authority is vested in the Attorney General or in its designee, the Federal Bureau of Prisons (BOP). Id. The court did not explicitly explain why it would not amend its judgment. (Doc. 10-2, pp. 23-24)

         The BOP's records indicate that Sanora is now serving a 100-month sentence that commenced on August 17, 2012, the date he was originally sentenced by the Illinois court. (Doc. 10, pp. 3-4) He has not been given credit for time served. Sanora objected administratively to the BOP's sentencing calculation but without success. (Doc. 10, p. 4)

         On November 29, 2016, Sanora filed the pending petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging the BOP's sentencing calculation. (Doc. 1) He argues this court should grant the petition, direct the BOP to run Sanora's sentences for the Arizona and Illinois convictions concurrently, and credit him with the 22 months he was in custody for the Arizona conviction. Id. In ...


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