Goodface v. U.S. Attorney General

          ORDER DENYING APPLICATION FOR WRIT OF HABEAS CORPUS

          R. BROOKE JACKSON UNITED STATES DISTRICT JUDGE

         This 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. 27).

         On 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 prejudice.

         I. BACKGROUND

         The 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 at 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 later dismissed.

• 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 at 11-12).

• 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 & 27-31).

• 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. ...