United States District Court, D. Colorado
RICHARD LEE GOODFACE, a/k/a Richard L. Rieger, Applicant,
U.S. ATTORNEY GENERAL, BUREAU OF PRISONS, U.S. MARSHALS, Respondents.
ORDER DENYING APPLICATION FOR WRIT OF HABEAS
BROOKE JACKSON UNITED STATES DISTRICT JUDGE
matter is before the Court on the Application for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1)
(the “Application”) filed pro se by
Applicant, Richard Lee Goodface on July 25, 2018. Mr.
Goodface is currently incarcerated at the Clear Creek
Correctional Facility in Olney Springs, Colorado. In the
Application, Mr. Goodface challenges the computation of his
federal sentence, contending he should receive pre-sentence
and post-sentence credit. On September 12, 2018, Respondents
were ordered to show cause why the Application should not be
granted. (ECF No. 17). On October 3, 2018, the Court
appointed counsel for Mr. Goodface. (ECF No. 26). Although
the counsel initially appointed for Mr. Goodface withdrew,
another attorney was appointed for him on October 24, 2018.
(ECF No. 35). On October 3, 2018, Respondents filed a
Response to Application for Writ of Habeas Corpus. (ECF No.
February 1, 2019, Mr. Goodface, through counsel, filed a
“Reply in Support of Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. §2241 (Doc. 1).” (ECF
No. 44). Respondents filed a Sur-Reply on February 22, 2019.
(ECF No. 47). After reviewing the pertinent portions of the
record in this case, the Court FINDS and CONCLUDES that the
Application should be denied and the case dismissed with
record establishes the following relevant facts:
• March 22, 2016, Applicant began serving a 5-year
mandatory parole term in a Colorado state criminal case.
(See ECF No. 44 at 1).
• June 24, 2016, Applicant was arrested for violating
the conditions of his parole and he was charged with new
state offenses. (ECF No. 27-1 at ¶ 5 & ECF No. 27-2
• August 24, 2016, Applicant was indicted on federal
charges of possession of a firearm by a prohibited person.
(ECF No. 27-1 at ¶ 6 & ECF No. 27-2 at 4); see
also United States v. Goodface, 16-cr-00283-WJM. The
state charges against him based on this same conduct were
• August 30, 2016, Applicant was transferred to federal
custody pursuant to a federal writ of habeas corpus ad
prosequendum. (ECF No. 27-1 at ¶ 7 and ECF No. 27-2
• February 22, 2018, following Applicant's guilty
plea, he was sentenced in the U.S. District Court for the
District of Colorado to a 28-month term of imprisonment. (ECF
No. 27-1 at ¶ 9 and ECF No. 27-2 at 19-25). The
judgement was silent as to whether the sentence was to be
served concurrently or consecutively to his remaining state
sentence. (ECF No. 27-2 at 19-25). The judgement does
recommend to the BOP that Mr. Goodface “be given credit
for time served . . . .” (Id. at 20).
• March 28, 2018, Applicant's state parole was
revoked and he was remanded back to the CDOC for the
remainder of his initial sentence for which he had been on
parole. (ECF No. 27-1 at ¶ 10 and ECF No. 27-2 at 2
• April 4, 2018, Applicant was returned to state
custody. (ECF No. 27-1 at ¶ 11).
• September 5, 2018, following a query from the BOP as
to whether Applicant's federal sentence was to be served
concurrently or consecutively to Applicant's remaining
state sentence, United States District Judge Martinez
responded in a Letter that the federal sentence was to run
concurrently with his existing state sentence. (ECF No. 27-1
at ¶ 13 and ECF No. 27-2 at 33-34 & 36).
• March 4, 2020, is the BOP's computation of
Applicant's federal release date, which is calculated
based on a starting date of February 22, 2018, the date of
his federal sentence. (ECF No. ...