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Anderson v. Davis

United States District Court, W.D. Texas, Austin Division

June 17, 2019

MICHAEL ANDERSON
v.
LORIE DAVIS

          HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE

          REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          MARK LANE UNITED STATES MAGISTRATE JUDGE

         The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. §636(b) and Rule 1(e) of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrate Judges.

         Before the Court are Petitioner's Application for Habeas Corpus Relief under 28 U.S.C. § 2254 (Document 1); Respondent's Answer (Document 5); and Petitioner's supplement (Document 8). Petitioner, proceeding pro se, has paid the filing fee for his application. For the reasons set forth below, the undersigned finds that Petitioner's application for writ of habeas corpus should be denied.

         I. STATEMENT OF THE CASE

         A. Petitioner's Criminal History

         According to Respondent, the Director has custody of Petitioner pursuant to a judgment and sentence of the 147th Judicial District Court of Travis County, Texas in cause number 925617. Petitioner pleaded guilty to the offense of robbery and true to the enhancement based on his prior burglary. On March 22, 1993, the court sentenced Petitioner to 26 years in prison.

         On November 24, 2003, Petitioner was released on parole. While on parole, Petitioner was convicted of evading arrest using a vehicle and was sentenced to two years. On April 13, 2018, Petitioner's parole was revoked. He was found ineligible for street time because of his robbery conviction. Petitioner does not challenge his holding conviction. Rather, he challenges the denial of his street time while he was out on parole.

         Petitioner challenged the calculation of his sentence in two state applications for habeas corpus relief. The Texas Court of Criminal Appeals denied both applications.

         B. Petitioner's Grounds for Relief

         Petitioner raises the following grounds for relief:

1. House Bill 1649 and the loss of his street-time credit violate the Double Jeopardy Clause;
2. TDCJ has no jurisdiction to apply section 508.149 of the Texas ...

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