United States District Court, E.D. Texas, Beaumont Division
Heartfield United States District Judge
Ruben Alzamora, an inmate formerly confined at the Federal
Correctional Complex in Beaumont, Texas, filed this petition
for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
brings this petition for writ of habeas corpus contesting the
execution of his sentence by the Bureau of Prisons
(“BOP”). Petitioner contends he has been denied
proper credit toward the completion of his sentence.
Specifically, petitioner claims he should be given credit
toward his federal sentence for time spent in state custody
during the periods from December 15, 1988 through May 14,
1990 and September 18, 1989 to May 13, 1990. Alternatively,
petitioner seeks a downward departure on his federal sentence
of 14 months pursuant to U.S.S.G. § 5G1.3(b).
also alleges his criminal defense attorney was ineffective
when he did not request a downward departure from the trial
judge on his federal sentence pursuant to U.S.S.G. §
respondent was ordered to show cause why relief should not be
granted. In response, the respondent asserts petitioner is
not allowed credit for time spent on loan to federal
authorities via a Writ of Habeas Corpus Ad
Prosequendum. Further, the respondent asserts that
petitioner already received the requested credit toward his
state sentence, so granting the petition would violate 18
U.S.C. § 3585(b). Finally, the respondent asserts that
petitioner's argument concerning counsel should not be
considered because petitioner has not met the criteria to
support a claim under the savings clause of § 2255.
Accordingly, the respondent contends petitioner's
petition should be denied.
September 22, 1988, petitioner distributed approximately 456
grams of cocaine hydrochloride. Petitioner was arrested by
state authorities in Collier County, Florida on October 7,
1988 for the state offense of trafficking in cocaine, case
number 88-1451. Petitioner was released on bond on October 8,
December 15, 1988, petitioner was taken into state custody in
Collier County, Florida for a violation of his state parole,
Warrant Number 783013. Petitioner remained in continuous
state custody, and his release on state parole supervision
was ultimately terminated. On September 18, 1989, petitioner
was sentenced to a term of 12 years' confinement for two
counts of trafficking in cocaine in Collier County, Florida,
case number 88-1451.
10, 1989, petitioner was transferred to federal custody
pursuant to a Writ of Habeas Corpus Ad Prosequendum
to face the federal drug charges against him. On October 5,
1989, in the United States District Court for the Middle
District of Florida, petitioner entered a plea of guilty to
distribution of approximately 456 grams of Cocaine
Hydrochloride. On May 14, 1990, petitioner was sentenced to a
term of 168 months' imprisonment, to run concurrently
with his undischarged state sentence. Petitioner was returned
to state authorities on June 7, 1990.
did not appeal his original conviction and sentence. However,
on April 18, 1996, petitioner filed a motion to vacate, set
aside or correct sentence pursuant to 28 U.S.C. § 2255.
See Alzamora v. United States, Civil Action No.
2:96cv138 (M.D. Fla. 1996). The motion was denied by the
district court on August 16, 1996. Id.
28 U.S.C. § 2241 gives the district court authority to
grant a writ of habeas corpus where a state prisoner
“is in custody in violation of the Constitution or laws