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Eldridge v. Berkebile

United States District Court, D. Colorado

January 15, 2015

CLINTON T. ELDRIDGE, Applicant,
v.
D. BERKEBILE, Respondent.

ORDER

RAYMOND P. MOORE, District Judge.

This matter is before the Court on Applicant Clinton T. Eldridge's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) The Application has been briefed by the parties. Applicant challenges the computation of his sentence. (ECF No. 1.) Applicant claims that he is entitled to credit for time in custody between July 19, 1984 and July 20, 1993, and that he has not received such credit. (ECF No. 1 at 5.)

For the following reasons, the Court (1) DENIES Eldridge's application; (2) DISMISSES the petition with prejudice; and (3) DENIES issuing a certificate of appealability.

I. RELEVANT BACKGROUND

The following facts are contained in the § 2241 Application (ECF No. 1), Respondent's Response (ECF No. 21), and Petitioner's Response to Respondent's Response (ECF Nos. 23; 31), as well as the attachments to those filings. The relevant facts are not in dispute.

On November 18, 1983, Applicant, who was a Washington, D.C. resident on Youth Corrections Act ("YCA") parole for another offense, was arrested for new criminal conduct including rape, robbery, burglary, assault with intent to commit rape, attempted rape, and attempted robbery. (ECF No. 21-1 at 3, Bryan Erickson Decl. ¶ 7; ECF No. 21-1 at 13, Prisoner Custody, Detention, and Disposition Record.) Applicant remained in custody following this arrest.

On May 14, 1984, Applicant pled guilty in the District of Columbia Superior Court to a number of offenses arising out of the November 18, 1983 arrest. (ECF No. 1 at 3.) As a consequence of this plea, on July 10, 1984, the District of Columbia Board of Parole ("DCBP") executed a parole violation warrant against Applicant. (ECF No. 21-1 at 3, Erickson Decl. ¶ 9; ECF No. 21-1 at 17, District of Columbia Department of Corrections Face Sheet.) Upon execution of the parole violation warrant, Applicant began serving a YCA parole violation sentence. (ECF No. 21-1 at 3, Bryan Erickson Decl. ¶ 9.)

On July 19, 1984, Applicant was sentenced in the District of Columbia Superior Court for the following crimes: rape, burglary, assault with intent to commit rape, attempted rape, attempted robbery, and robbery. (ECF No. 21-1 at 3, Erickson Decl. ¶ 10; ECF No. 21-1 at 19-21, Judgment and Commitment Order, U.S. v. Eldridge, F-6638-83 (D.C. 1984).) For a total of nine counts, Applicant was to serve consecutive sentences for a total term of 40 to 120 years. (ECF No. 21-1 at 3, Erickson Decl. ¶ 10.)

On September 10, 1984, the DCBP administratively reparoled Applicant from the YCA sentence to the new adult sentence. (ECF No. 21-1 at 3, Erickson Decl. ¶ 11; ECF No. 21-1 at 23, DCBP Certificate of Administrative Parole.) This act commenced Applicant's service of the 40 to 120 year adult sentence. (ECF No. 21-1 at 3, Erickson Decl. ¶ 11.)

Following an appeal of the proceedings leading to Applicant's adult sentence, one of Applicant's nine counts of conviction was vacated. Eldridge v. United States, 618 A.2d 690, 697 (D.C. 1992). On December 30, 1992, the District of Columbia Court of Appeals remanded the case back to the trial court for resentencing. Id. at 698-99.

On July 20, 1993, the District of Columbia Superior Court resentenced Applicant on the remaining eight counts to the same aggregate sentence of 40 to 120 years imprisonment, the sentences on the individual counts being consecutive to each other. (ECF No. 21-1 at 4, Erickson Decl. ¶ 14; ECF No. 21-1 at 26-27, Judgment and Commitment Order, U.S. v. Eldridge, F-6638-83 (D.D.C. 1993).) The Superior Court's Order in 1993 did not indicate that the new sentence was to be served in a different sequence or manner than the sentence as originally imposed in 1984. ( See generally ECF No. 21-1 at 26-27, Judgment and Commitment Order, U.S. v. Eldridge, F-6638-83 (D.D.C. 1993).) To achieve the same aggregate sentence as the original sentence, the Superior Court for the District of Columbia increased the sentence for Applicant's conviction on one count (Count Z) of his conviction to a sentence of fifteen to forty-five years rather than the original sentence of ten to thirty years for that conviction. ( Compare ECF No. 21-1 at 26-27, Judgment and Commitment Order, U.S. v. Eldridge, F-6638-83 (D.C. 1993) with ECF No. 21-1 at 19-21, Judgment and Commitment Order, U.S. v. Eldridge, F-6638-83 (D.C. 1984).)

Later in 1998, in a matter not particularly germane to the matter at hand, Applicant was convicted of assault in the United States District Court for the Eastern District of Virginia and sentenced to 30 days consecutive to all other sentences being served. (ECF No. 21-1 at 4-5, Erickson Decl. ¶ 16; ECF No. 21-1 at 32-34, Judgment and Commitment Order, U.S. v. Eldridge, 1:97MG01187-001 (E.D. Va. 1998).)

In calculating Applicant's sentence, the Bureau of Prisons ("BOP") applied all time prior to his 1993 resentencing either to his YCA sentence or to his adult sentence. Specifically, all time from July 10, 1984, through September 9, 1984 was credited against Applicant's YCA parole violation sentence; all time from November 18, 1983 through July 9, 1984 was credited against his adult sentence; and his adult ...


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