United States District Court, N.D. Texas, Dallas Division
RAY MILLAWAY BOP Register No. 19885-078, Petitioner,
M. UNDERWOOD, Warden, Respondent.
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
L. HORAN UNITED STATES MAGISTRATE JUDGE.
Ray Millaway, a federal prisoner incarcerated in this
district, filed a pro se application for a writ of
habeas corpus under 28 U.S.C. § 2241, alleging that, by
not crediting him the time he spent in state custody prior to
commencement of his federal sentence, the Bureau of Prisons
(“BOP”) “is improperly calculating and
executing [his] sentence, resulting in the illegal extension
of [his] term of imprisonment.” Dkt. No. 3.
action has been referred to the undersigned United States
magistrate for pretrial management under 28 U.S.C. §
636(b) and a standing order of reference from Senior United
States District Judge A. Joe Fish.
government filed a response opposing relief. See
Dkt. Nos. 7 & 8. And Millaway filed a reply brief,
see Dkt. No. 15, and motion to expedite,
see Dkt. No. 17.
undersigned enters these findings of fact, conclusions of
law, and recommendation that, to the extent that these
findings and conclusions are now being entered, the Court
should grant Millaway's motion to expedite and then
dismiss his petition, as he has received all the credits to
which he is entitled.
was arrested by state authorities in Denton County, Texas on
February 23, 2012 and was charged with manufacturing/delivery
of a controlled substance, deadly conduct discharge of a
weapon, and possession of marijuana. See Dkt. No.
8-1 at 5 (¶ 6) & 21; State v. Millaway,
Nos. F-2012-1053-A, -1054-A, -1055-A, -1056-A (16th Jud.
Dist. Ct., Denton Cnty., Tex.).
delivered to federal custody pursuant to a writ of habeas
corpus ad prosquedeum on May 15, 2012. See
Dkt. No. 8-1 at 6 (¶ 7) & 23-24.
pleading guilty, he was adjudged guilty of possession of a
firearm while an unlawful user of a controlled substance, in
violation of 18 U.S.C. §§ 922(g)(3) and 924(a)(2),
and he was sentenced to 102 months of imprisonment. See
United States v. Millaway, No. 4:12CR00101-001 (E.D.
Tex. Feb. 5, 2014) [Dkt. No. 8-1 at 27-32]. The federal
judgment provided that his federal “term of
imprisonment shall run concurrently with any term that may be
imposed [in the four state criminal actions then-]pending ...
for charges related to this instant offense conduct.”
Dkt. No. 8-1 at 28.
was returned to state custody on February 13, 2014 subject to
a federal detainer. See Id. at 6 (¶ 9) &
4, 2014, he received a 12-year total sentence as to his four
state criminal cases and was awarded 836 days of jail credit.
See Id. at 6 (¶ 10) & 34-41.
paroled from his state sentences on July 22, 2015 and was
released to his federal detainer. See Id. at 6
(¶ 11) & 43-46.
Standards and Analysis
2241 is the proper procedural vehicle if a prisoner
‘challenges the execution of his sentence rather than
the validity of his conviction and sentence.'”
Gallegos-Hernandez v. United States, 688 F.3d 190,
194 (5th ...