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Robinson v. Warden

United States District Court, W.D. Louisiana, Alexandria Division

January 31, 2019

STEVEN S. ROBINSON, Petitioner
v.
WARDEN, Respondent

          DEE D. DRELL, JUDGE

          REPORT AND RECOMMENDATION

          PEREZ-MONTES, MAGISTRATE JUDGE

         Before the Court is a petition for writ of habeas corpus (28 U.S.C. § 2241) filed by pro se Petitioner Steven S. Robinson (“Robinson”) (#15051-171). Robinson is an inmate in the custody of the Federal Bureau of Prisons (“BOP”), incarcerated at the Federal Correctional Institution in Pollock, Louisiana. Robinson challenges the calculation of his sentence by the BOP.

         Because Robinson has received all the credit to which he is entitled, his § 2241 petition should be DENIED and DISMISSED WITH PREJUDICE.

         I. Background

         Following a guilty plea, Robinson was convicted in the United States District Court for the Western District of South Carolina of conspiracy to possess with intent to distribute 50 grams or more of cocaine base, 500 grams or more of cocaine, and a quantity of heroin. (4:06-cr-01322, D. S.C., Doc. 171). Robinson was sentenced to a 240-month term of imprisonment. (4:06-cr-01322, D. S.C., Doc. 171).

         The Government subsequently filed two Motions to Reduce Sentence under Rule 35(b) of the Federal Rules of Criminal Procedure because Robinson provided it with substantial assistance. (4:06-cr-01322, D. S.C., Docs. 240, 334). Robinson's sentence was reduced to 150 months of imprisonment. (4:06-cr-01322, D. S.C., Doc. 250, 343).

         Robinson then filed a Motion for Sentence Reduction under 18 U.S.C. § 3582(c)(2). (4:06-cr-01322, D. S.C., Doc. 354). The motion was granted, reducing Robinson's sentence to a term of 78 months of imprisonment or time served. (4:06-cr-01322, D. S.C., Doc. 171).

         While on supervised release, Robinson was arrested for a technical violation. (Doc. 1-3, p. 2). Robinson's supervised release was revoked, and he was sentenced to a 60-day term of imprisonment. (Doc. 1-3, p. 2; 4:06-cr-01322, D. S.C., Doc. 400).

         The following year, Robinson was arrested by South Carolina officials on numerous drug charges. (Doc. 1-3, p. 3). Because of the state arrest, Robinson's supervised release was revoked again, and he was sentenced to 52 months of imprisonment. (Doc. 1-3, p. 3; 4:06-cr-01322, D. S.C., Doc. 448).

         By the time Robinson' original sentence was reduced to 78 months, Robinson had served approximately 84 months of imprisonment. Therefore, Robinson argues he should receive credit for the “over-served time” toward the sentence imposed on revocation. (Doc. 1, p. 6).

         II. Law and Analysis

         A. Robinson is not entitled to additional credit on his sentence.

         The authority to grant or deny credit for time served is specifically reserved to the U.S. Attorney General, who has delegated that responsibility to the BOP. SeeU.S. v. Wilson, 503 U.S. 329 (1992). A district court may review a challenge to the BOP's refusal to grant credit or make such a designation in a ...


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