United States District Court, D. Colorado
KEVIN D. WASHINGTON, Applicant,
C.R. GOETZ, Acting Warden, FCI-Florence, Respondent.
ORDER DENYING APPLICATION FOR WRIT OF HABEAS
Reid Neureiter, United States Magistrate Judge.
matter is before this Court pursuant to the parties'
unanimous consent to disposition of this action by a United
States Magistrate Judge. (Dkt. #18.)
Kevin D. Washington is in the custody of the Bureau of
Prisons (“BOP”) and is currently incarcerated at
the Federal Correctional Institution in Florence, Colorado.
On November 15, 2017, he submitted pro se an Application for
a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241
(Dkt. #1), challenging the BOP's computation of his
sentence. Specifically, he alleges that the BOP has
unlawfully denied him 150 days of presentence confinement
credit toward his federal sentence for the time he spent in
federal custody from October 21, 2014 to March 10, 2015.
(Id. at 2-3.)
response to the Court's Order to Show Cause (Dkt. #16),
Respondent filed a “Response to Application for Writ of
Habeas Corpus” on July 18, 2018, (Dkt. #19). Mr.
Washington was given an opportunity to file a reply, but he
did not do so.
Court must construe the Application and other papers filed by
Mr. Washington liberally because he is not represented by an
attorney. See Haines v. Kerner, 404 U.S. 519, 520-21
(1972) (per curiam); Hall v. Bellmon, 935 F.2d 1106,
1110 (10th Cir. 1991). However, the Court should not be an
advocate for the pro se litigant. See Hall, 935 F.2d
at 1110. After reviewing the Application, the Response, and
other pertinent portions of the record in this case, the
Court will deny the Application for the reasons set forth
record establishes the following relevant facts:
• October 15, 2014, Mr. Washington was released from a
4-year term in Colorado State custody and started a 3-year
term of state parole supervision. (Dkt. #19-1 at ¶ 7;
Dkt. #19-4 at 1);
• October 21, 2014, Mr. Washington was arrested by state
authorities in Colorado for violating the conditions of his
state parole. His arrest resulted in a federal charge of
Attempted Possession with Intent to Distribute 500 grams or
More of Cocaine. (Dkt. #19-1 at ¶ 8; Dkt. # 19-5 at 1);
• December 18, 2014, Mr. Washington was transferred to
federal custody pursuant to a federal writ of habeas corpus
ad prosequendum. (Dkt. #19-1 at ¶ 9; Dkt. #19-6
• March 10, 2015, the State of Colorado revoked Mr.
Washington's state parole, which required him to serve a
3-year term of incarceration. The CDOC set October 15, 2014
as the commencement date for the sentence. (Dkt. #19-1 at
¶ 10; Dkt. #19-4);
• September 18, 2015, Mr. Washington's was sentenced
in the U.S. District Court for the District of Colorado to a
60-month term of imprisonment to be served consecutive to his
3-year state parole revocation term. (Dkt. #19-1 at ¶
11; Dkt. #19-5);
• September 24, 2015, Mr. Washington was returned to
state custody. (Dkt. #19-1 at ¶ 12; Dkt. #19-6 at 2);
• February 23, 2016, Mr. Washington was released from
state custody, on parole, to the exclusive custody of federal
authorities. (Dkt. #19-1 at ¶ 13; Dkt. ...